header-logo header-logo

24 August 2015 / Ian Smith
Issue: 7666 / Categories: Features , Employment
printer mail-detail

Employment law brief: 24 August 2015

nlj_7666_smith

Ian Smith follows interesting turns of events at the Employment Appeal Tribunal

The end of the legal year saw a flurry of interesting cases in the Employment Appeal Tribunal (EAT). Three topics are considered here, involving five cases. The first adds an important qualification to a sick employee’s right to make back-claims for holiday and holiday pay not taken due to the sickness absence; it helps to clarify this evolving area, though it has to be said that the words “legislation” and “judicial” come to mind and one cannot help thinking that it would be much better if these matters had been sorted out in the Working Time Regulations themselves. This is followed by two pairs of cases. The first pair concerns the potentially difficult possibility for the employer of having (enforced) contractual changes challenged as unlawful age discrimination. The reasoning is consistent in the cases, which suggest in general a relatively pro-employer outcome, providing that it behaves with a modicum of fairness. The second pair of cases, however, show quite

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll