Whistleblowing and anticipated disclosures

It is unlawful to subject an individual to a detriment or dismiss them on the grounds that the employer perceived them to be considering making a protected disclosure.

Holiday pay for those with irregular hours

A zero hours, term-time employee’s holiday pay should not have been capped at 12.07% of her annualised hours as suggested in ACAS guidance but rather calculated using the 12-week averaging method in the Working Time Regulations.

Illegality and breach of immigration rules

A breach of the immigration rules did not mean that an employment contract was unenforceable.

AWR do not confer right to same contractual hours of work

An agency worker’s right to equal treatment in relation to the ‘duration of working time’ under the Agency Workers Regulations does not entitle him or her to the same number of contractual hours as a directly recruited comparator.

TUPE and minimum wage records

The duty to maintain wage records under the minimum wage legislation transfers to the transferee upon a relevant transfer.

Constructive knowledge where employee hides disability

An employer did not have constructive knowledge of an employee’s disability where the employee hid her disability and would have continued to hide it on further inquiry.

Making covert recordings at work

An employee making a covert recording at work may be guilty of misconduct.

Sharing offensive image on Facebook was not done 'in the course of employment'

The posting of a racially offensive image via a personal Facebook account was not done ‘in the course of employment’ and was therefore not an action for which the employer could be vicariously liable.

Perceived disability

A police officer, who was turned down for a transfer because her hearing loss was marginally below the medical standard for police recruitment, had suffered direct discrimination because of a perceived disability.

Relying on occupational health reports to determine disability

An employer had not simply ‘rubber-stamped’ an occupational health report where the report dealt with the issue of disability in detail and there was no other evidence on which the employer could rely.

No loss of right to claim holiday pay arrears where gap of more than three months

Workers do not lose the right to claim historic arrears of holiday pay where there was a gap of more than three months between underpayments holds the Northern Ireland Court of Appeal.

Dismissal based on employee's phone data did not engage art. 8 of the ECHR

An employee’s right to privacy was not breached when his employer relied on data found on his phone during a police investigation into allegations of harassment against the employee by another colleague.

Direct pay offer to employees was not an 'unlawful inducement'

An employer who directly offered its employees a package of revised terms and conditions - going over the head of the recognised trade union - did not unlawfully induce them to cease collective bargaining.

Victimisation and what amounts to a protected act

Continuing with tribunal proceedings is as much a protected act as bringing proceedings in the first place.

Voluntary overtime may be taken into account when calculating holiday pay

Voluntary overtime should be factored into the calculation of holiday as long as it is it is sufficiently regular and settled so that payments for overtime amount to ‘normal’ remuneration says the Court of Appeal.

Disability discrimination and the side effects of treatment

The Equality Act 2010 excludes an impairment of vision where ‘in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed’. ‘Correctable’ is a practical question which must consider not only whether the impairment was corrected but whether there are unacceptable adverse consequences.

Enhancing shared parental leave pay

Enhancing the pay of women on maternity leave but not men on shared parental leave is not direct or indirect sex discrimination and even if indirect, it would be objectively justified. Where enhanced maternity pay is contractual, the sex equality clause does not apply as it relates to special treatment related to maternity.

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