Stringer v HMRC
The European Court of Justice (ECJ) gave its decision in January 2009 and that the entitlement to paid holiday under the working time directive continues when a worker is absent from work due to sickness.
The case was referred by the ECJ back to the House of Lords, which confirmed that claims for unpaid holiday can be brought as a claim for unlawful deduction of wages in the UK.
For employees this means that holiday untaken due to sickness must be carried forward into next leave year.
Grainger plc v Nicholson
Grainger claimed he was made redundant because of his environmental convictions. The EAT have recently said that his views count as a philosophical belief under the Employment Equality (Religion and belief) Regulations.
Rolls Royce plc v Unite the Union
The union argued that using length of service in a redundancy selection criteria would unlawfully discriminate against younger workers.
The Court of Appeal concluded that using lenght of service was a proportionate means of achieving the aim of rewarding loyaly and having a stable workforce. It cannot however, be used as the only selection criteria.
Age Concern v BERR
Age Concern challenged the UK's compulsory retirement exemption arguing that it contravened EU law.
A High Court decision in October 2009 confirmed that the default retirement age (DRA) was justified on the grounds of social policy objectives.
Lyons v Mitie
Staff had to give four weeks notice to take holidays under thier contract. Lyons akesd to take his outstanding holidyas just before the year end and the company refused due to the lack of the four week required notice and Lyons resigned.
The tribunal said the company were justified in taking the "use it or lose it" approach - it is the employees fault if they don't use up their entitlement..
G V. X School
The school received a complaint about a Teaching Assistant's inappropriate conduct with a 15 year old boy on work experience. The school investigated and dismissed.
G Said he should have been allowed legal representation at the internal hearing and appeal. The High Court said that G could not be expected to defend himself and a Trade Union representative was not sufficient as G was not just dismissed but decision affected his right to practice in his profession.S#
Sahota v Home Office
The Employment Appeal Tribunal stated that a woman ungoing IVF should be regarded as pregnant from the time that fertilised eggs are implanted. If the IVF is not successful, protection from discrimination ends two weeks after the woman finds out she is not pregnant.S
