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House of Lords rules on annual leave during periods of sickness absence

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

In the long-running case of Stringer and others v HM Revenue and Customs, the House of Lords has confirmed the EAT decision in this case that employees on long-term sick leave continue to accrue holiday under the Working Time Regulations during their absence and can take their holiday entitlement while they are off sick

Swine flu time to dust off your old SARS and bird flu plans?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 15 2009

Although the World Health Organisation currently puts the level of threat posed by swine flu at level 5 (meaning that a pandemic is considered to be imminent), so far the actual threat in the UK to human life or the economy has been negligible

Holidays and sick leave: what employers need to know

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave

TUPE update

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • April 9 2009

In this brief update we consider an ECJ decision concerning the circumstances in which an economic entity retains its identity when it is integrated into the transferee's organisation post transfer and a recent tribunal decision on the application of TUPE when a client changes law firms

Minimum wage and tips

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage

ACAS discussion paper on Agency Workers' Directive

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009

Individual not a worker where contract permitted unlimited substitution

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 15 2009

Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza

EAT confirms test for constructive dismissal

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The EAT has confirmed that the "band of reasonable responses" test does not apply to the question of whether an employer has committed a fundamental breach of contract, entitling an employee to resign and claim constructive dismissal (Bournemouth University Higher Education Corporation v Buckland

Failure to make reasonable adjustments can render a dismissal unlawful

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act

Holiday entitlement

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2009

The minimum entitlement to paid holiday under the Working Time Regulations 1998 increased to 5.6 weeks with effect from 1 April