The Employment Appeal Tribunal held, in Jhuti v Royal Mail, that a rule can be applied into tribunal rules to provide for the appointment of a litigation friend. Vulnerable individuals must be able to fully participate in proceedings, any decisions made without taking into account the need to safeguard and protect the welfare of a… Read More
Sickness Absence and Holiday Pay
In the recent EAT case of Sood Enterprises v Healy it was held that additional annual leave cannot be carried forward into the next leave year, unless there is an agreement in place between the parties. One of the difficult questions concerning the relationship between statutory holiday rights and long-term sick leave is the apparent… Read More
Holiday Pay – Court of Appeal rules on whether holiday can be carried over
The Court of Appeal has recently announced its decision in the case of NHS Leeds v Larner. Mrs Larner had been employed by NHS Leeds for 20 hours a week and her contract of employment stated that during a period of sick leave she would accrue holiday but that she was only entitled to carry… Read More
Employer Liability for Violent Employees
The Court of Appeal has recently considered two cases regarding the issue of when an employer is liable for the conduct of an employee (known as vicarious liability) where that employee assaults another. In Weddall v Barchester Healthcare an employee, Mr Weddall phoned another employee, Mr Marsh and asked him to work a night shift. Mr… Read More
Employment status – Supreme Court ruling
Employment status has been in the headlines a lot over the years and particularly this year as there was a Supreme Court ruling on it in the case of Auto-Clenz Limited v Belcher and Others (2011) http://www.bailii.org/uk/cases/UKSC/2011/41.html. In the case of AutoClenz, the Court of Appeal held in 2009 that the individuals in that case… Read More