Holiday pay: new case

Could a commission-only worker claim that not paying him for annual leave effectively prevented him from taking it, and that he should be compensated? Potentially yes, said the EAT in the recent case of the Sash Window Workshop Limited v.… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

Should payslips specify pay deductions?

Yes, or the employer may have to forfeit the debt said the Employment Appeal Tribunal in Ridge v HM Land Registry. Background Mr Ridge had exhausted his sick pay entitlement. His pay was adjusted by his employer for the month-end… Read on

No need to request holiday for sickness refund

The European Court has already decided that where an employee has booked holiday, but then falls sick, they are entitled to claim back that holiday. Some large employers already permit this, but most don’t. A further recent decision will impact… Read on

When holiday entitlement can’t be carried over

When it comes to holiday entitlement the ‘use it or lose it’ rule has long been understood. Recent cases have challenged this approach and in 2009 a European Court decision held that an employee who was on sick leave during… Read on

Is self-dismissal possible?

In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying… Read on

Use of surveillance film unfair dismissal

Video evidence showed an employee signed off sick with a back injury clearing ice from his car, driving, carrying shopping and walking his dog. Using it to dismiss him proved a £50,000 mistake. Caterpillar Logistics Services had relied on the… Read on