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News & Blog

CASE DEVELOPMENTS IN JULY

Entitlement to statutory holiday (and pay) when on sick leave

In NHS Leeds v Larner, the EAT has upheld the decision of a tribunal that an employee who had been on sick leave for an entire leave year and had not taken any annual holiday in that period, was entitled to receive a payment in respect of her unused holiday entitlement upon termination of her employment.  Her failure to request leave in the leave year did not mean that she lost the right to the payment.  The EAT indicated that the case may be different for fit employees who fail to request leave for the whole of the leave period.

Consideration of request to work beyond retirement

This case related to an employee’s request to work beyond retirement, and the employer’s “duty to consider” procedure under the Employment Equality (Age) Regulations 2006.  The EAT held that managers should not conduct the process with a closed mind, but should give genuine consideration to any request.  The employer’s failure to do so in this case resulted in a finding of unfair dismissal. (Compass Group plc v Ayodele).

 

Openly gay worker and discrimination

In Grant and Laycock Limited v Booth, the Court of Appeal has held that an employee who had “come out” at work had not been directly discriminated against or harassed on the grounds of sexual orientation.  The employee’s line manager made reference to his sexuality, but the employee had put his sexuality into the public domain and therefore risked that information being discussed.

Strike out of unfair dismissal claims

The EAT has held in Reilly v Tayside Public Transport that an employment judge should not strike out claims for unfair dismissal on the basis that they have no reasonable prospects of success where the main issue to be determined is whether the decision fell within the band of reasonable responses of the employer.

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