Holiday Pay

The entitlement to paid annual leave under the Working Time Regulations 1998 must be interpreted in accordance with the EU Working Time Directive. This has caused particular problems for the UK courts when it comes to the calculation of holiday pay. The European Court of Justice has repeatedly ruled that holiday pay must reflect a…

Sickness absence dismissals

Where an employer gives an employee a contractual right to long-term sickness absence benefits, it will generally be an implied term of the contract that he or she will not be dismissed before those benefits are exhausted. Does that mean, however, that it will also be unfair to dismiss an employee in that period and…

Transfer of Undertakings (TUPE)

It is an odd feature of TUPE Regulations that they apply when there is a transfer of a business which, immediately before the transfer, is located in the United Kingdom but does not say anything about where the business needs to be located once the transfer is complete. In theory, TUPE can apply even if…

Age discrimination and redundancy

Age discrimination and redundancy BAE Systems (Operations) Ltd v McDowell Age discrimination differs from other kinds of discrimination in that, even direct discrimination – treating someone less favourably because of their age – can be lawful if the employer shows that the treatment is a proportionate means of achieving a legitimate aim. Pension and Redundancy?…

Dismissals for poor performance

Dismissals for poor performance Awojobi v London Borough of Lewisham The principles underlying a fair dismissal for poor performance are well established. An employer needs to give the employee a clear explanation of the ways in which his or her performance is falling short and a fair opportunity to meet the required standard before being…