♦ Working Time Regulations 1998 ♦ Holiday Pay ♦ Part-time Worker Justices Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose. Fact This appeal concerns the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that…
♦ Proceeds of Crime Act 2002♦ Variation ♦ Restraint Order Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Facts This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the…
♦ Proceeds of Crime Act 2002 ♦ Confiscation ♦ Recoverable amount ♦ Proportionality Justices Lord Hodge (Deputy President), Lord Kitchin, Lord Hamblen, Lord Burrows, Lord Stephens Fact This appeal concerns an important issue on the confiscation regime under the Proceeds of Crime Act 2002 (“POCA”) in the context of a case of CV (curriculum vitae)…
• Unfair Dismissal • Gross Misconduct • Breach of Contract Background to Appeal The claimant brought numerous grievances against senior managers. These were concerned with, amongst other matters, the failure of senior managers to include him in meetings which he thought he should be attending. Management considered that decisions as to who should attend were…
Justices Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Kitchin, Lord Burrows Recession Economic duress Background to the Appeal The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other…
Protected Disclosure Automatic Unfair Dismissal An employee claiming automatic dismissal on the grounds of making a protected disclosure under section 103A of the Employment Rights Act must show that the dismissal was caused by the protected disclosure. There must be a causal link between the detriment and the protected disclosure. This was the issue before…
The UK government today confirmed that from August 18 onwards, people who are fully vaccinated and under those 18s will not have to self-isolate for ten days if they have had close contact of a coronavirus. The second vaccination must have been taken 6 weeks before August 16. Note of caution, this relaxation only applies to…
An employment tribunal must take judicial notice of the fact that women are less likely than men to be able to accommodate flexible working patterns because of childcare responsibilities. The fact that women bear the greater burden of childcare than men and that this can limit their ability to work certain hours. Background to Appeal D…
You may have seen in the news today that the Government has announced that it will be extending the moratorium on the forfeiture of commercial leases and CRARs (commercial rent arrears recovery) until 25th March 2022. Their main objective in doing so is to protect jobs, by allowing businesses to continue to trade when they…
The Court of Appeal has rejected the claim for interim relief in claims of sex discrimination after concluding that such any award would completely change how employment tribunals are handled. Lord Justice Bean, sitting in Steer v Stormsure Ltd, rejected the contention of claimant Sabrina Steer that she should have a right to seek interim relief….
