Ian Smith provides an overview of some helpful employment decisions from the CJEU
Unusually, this month’s column comprises three decisions of the Court of Justice of the European Union (CJEU) on EU employment law. Equally unusually, they are all quite helpful. The second and third effectively bolster existing UK domestic law, legitimising our longstanding inclusion of constructive dismissals in the law on collective redundancies consultation and stressing the need for a true comparison in cases of direct discrimination (here, age). The first gives further guidance as to how to apply the law on “one-size-fits-all” (copyright Lord Hope) statutory holiday entitlement to the myriad possibilities that can arise; the case specifically concerned the problem of calculation where the employee moves from part-time to full-time working part of the way through the holiday year. The guidance is indeed useful, but here it reinforces a problem (known for some time now) that domestic law may not be easy to square with the growing EU case law.
Greenfield v Care Bureau Ltd
Harvey at CI
