header-logo header-logo

04 October 2013 / Ian Smith
Issue: 7578 / Categories: Features , Employment
printer mail-detail

Hard at work

Ian Smith reviews a group of cases on compensation for unfair dismissal & one teeming with EU-driven complications

Sood Enterprises Ltd v Healy UKEATS/0015/12 is an example of a seemingly simple issue of holiday entitlement giving rise to legal complexities under the working time regulations and Directive. After a stroke in July 2010, the claimant was off sick until June 2011, when he resigned. His holiday year was the calendar year; in 2010 he had taken 11 holiday days before his illness; in 2011 he had taken nothing because of his illness. He had made no claim for holiday pay in 2010. On termination in 2011, he claimed outstanding holiday pay in lieu of untaken holiday.

The tribunal held that EU law requires the carrying over of holiday entitlement untaken because of illness, and on the basis that it is all unpaid “wages”, the claimant was entitled to 17 days’ holiday pay for 2010 and a pro-rata 14 days for 2011, ie using the full 28 days of ordinary and additional statutory leave (regs

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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll