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.

Dismissal for proselytising religious views was fair

The dismissal of a nurse who gave a patient a Bible and proselytised (tried to convert people to another religion) her religious views was fair and did not breach European law.

Keeping records of all hours worked

European law obliges employers to establish a system enabling the duration of daily working to be measured.

Knowledge of disability and date of acquisition

Knowledge of an employee’s disability could have been acquired during an appeal against dismissal.

PHI benefits and long-term disability

An employee was rightly compensated for loss of entitlement to benefits under a PHI policy when he was unable to ‘return to work’ following sickness absence. The ‘return to work’ was a return to the work he had been doing when he went off sick, not a return to any work.

Employer not liable for injury at Christmas party

An employer was not liable in negligence for an injury occasioned to one of its employees at the staff Christmas party; neither was it vicariously liable.

Personal liability of directors

Directors of a limited company can, in certain circumstances, be personally liable for inducing a company to breach an employment contract.

Sexual orientation and constructive dismissal

The adverse treatment of a gay head teacher amounted to constructive dismissal and sexual orientation discrimination.

Personal injury damages permissible for breach of WTR

Although a breach of the Working Time Regulations cannot lead to an injury to feelings award, compensation can reflect personal injury suffered as a consequence of the breach.

Disciplinary hearings and police investigations

An employer does not usually need to wait for the conclusion of criminal proceedings before starting or continuing with internal disciplinary proceedings.

  • Page 3 of 5