As always, it’s been a busy time for employment lawyers and HR Personnel and this is reflected in the decisions reviewed. With austerity and budgetary constraints a continuing hallmark of the economic climate, unfair dismissals and redundancies regularly feature before the Tribunals and there are a number of these decisions summarised in the review.
Maxine discusses some cases of interest, including:
* The Fulton and Others-v- Bear Scotland decision on the calculation of annual leave under the Working Time Regulations was applied by the NI Tribunal in the case of Robert Patterson –v- Castlereagh Borough Council, where it has been confirmed that “voluntary overtime”, which an employee was not contractually obliged to do, could NOT be included in the calculation of holiday pay for the purposes of the Working Time Directive/Regulations.
* The Coventry University and Mian case, which was recently over-turned by the Court of Appeal. In this case the High Court found there was a breach of contract and negligence on the part of the university in the decision to instigate disciplinary proceedings against its employee thus allowing her to claim psychiatric damages.
* Three cases in the review that are very fact specific but give some hope that a costs award is not as elusive as it used to be.
To make it easy to access particular areas of interest or cases of note, the review has been categorised into topics so you can link directly to the case summary or the full case report as required – enjoy!.
* View the full 2014 case law review document here:
https://www.worthingtonslaw.co.uk/media/1905/art_3327834__case_law_roundup_aug_-_dec_2014_2_2.doc
* Links to previous annual summaries for 2009 - 2013 from CFR are also set out below:
The full 2013 case law review is here:
http://bit.ly/19YvMpk
The full 2012 case law review is here:
http://bit.ly/1cpxcbM
You will find the edited 2011 UK case law review here:
http://bit.ly/VhhNU1
You will find the edited 2010 UK case law review here:
http://bit.ly/LopSCA
You will find the edited 2009 UK case law review here:
http://bit.ly/LopLqL
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