NHS Leeds v Larner [2011] UKEAT/088/11; [2012] EWCA Civ 1034 – Law Journals

Exiting The EU: The flaw in the Brexit white paper

The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …

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Holiday Pay: Will it never stop?

Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses ‘Employers must provide adequate facilities to allow workers to exercise their right to take paid annual leave.’As employers and their advisers will be aware, there has been a series of far-reaching legal developments …

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Holiday Pay: Pack your cases

Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman ‘There have been a number of cases in the past few years which are helping to inform our understanding of holiday pay.’ Although holiday pay forms a relatively low percentage of a worker’s overall …

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Working Time: New case law brings fresh uncertainty

Rebecca McGuirk analyses recent case law on the scope of ‘working time’, including the treatment of travel time, trade union duties, holiday pay and voluntary overtime ‘Being at their employer’s disposal did not mean that the claimants had to be under their employer’s specific control or direction.’ The cost of wages and holiday pay looks …

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Holiday Pay: The next chapter

The government’s attempt to limit claims for unpaid holiday could be undermined by a new ruling, warns Louise Mason ‘From 1 July of this year, the limitation period for unlawful deductions claims is restricted to two years from the date of presenting the claim.’ In the wake of the ruling in Bear Scotland v Fulton …

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Holiday Pay: The Bear necessities

Christopher Bushnell discusses what employers and their advisers need to know about the EAT’s latest ruling on holiday pay ‘Many employers have been reluctant to address holiday pay issues until the courts provide greater clarity. The situation is, to some extent, clearer, but all issues are likely to be subject to appeal.’ Over recent years, …

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Sick Pay: Carry-over arguments carry on despite EAT decision

Chris Wellham reviews the current position on annual leave and sickness absence in light of a series of European and domestic rulings ‘The simple conclusion from Sood Enterprises Ltd v Healy [2013] is that employees who are unable to take their holiday due to illness are entitled to carry over only up to four-weeks’ holiday …

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Working Time Regulations: Accruing holiday when sick

Kate Hodgkiss welcomes a decision that has finally resolved the conflict in previous case law over employees’ right to take or carry over annual leave if they are on long-term sickness absence ‘The Court of Appeal has found that workers do accrue holiday during sick leave and that if they are unable to take it …

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Holiday Pay: Use it or lose it

Sarah Hogg considers the latest in the long line of cases on whether employees on long-term sick leave are entitled to holiday pay ‘An employee who is off work on sick leave is faced with a choice: they may choose to take annual leave or they may ask for it to be deferred, but the …

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