Employment Matters - August 2022

Employment Matters - August 2022 FS + COMM's Tags

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Employment Matters - August 2022

Published 4 agosto 2022

It’s been a busy month. We have had the long awaited Supreme Court decision in the Harpur Trust v Brazel case. The Supreme Court decided that holiday entitlement should not be pro-rated to reflect part year working, and pay is not calculated using a percentage of time worked method.  Please see our alert here.

On the topical issue of “Fire and Rehire” the Court of Appeal has overturned an injunction which prevented Tesco from “firing and rehiring” employees in order to remove a “permanent” contractual entitlement to enhanced payPlease see our alert here.

Finally, legislation enabling employment businesses to supply temporary workers to plug staffing gaps during industrial action came into force on 21 July 2022. Please see our alert here.

Our pick of other developments this month are set out below.

1. Disability discrimination: Employee with long covid was disabled

An employment tribunal has held that an employee with symptoms of long covid was protected by disability discrimination legislation. 

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2. Whistleblowing: Whistle-blowers’ conduct was separable from the act of whistleblowing so her dismissal was fair

The court of appeal has upheld tribunal and eat decisions that a whistle-blower who was dismissed for criticising a colleague when making a whistle-blowing allegation was not automatically unfairly dismissed even though, viewed objectively, her conduct was reasonable.

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3. Age discrimination: PHI benefits

The EAT has upheld an employment tribunal judgment that an employer did not subject an employee to direct age discrimination when his phi benefits ceased at the age of 65.

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4. PHI: Unambiguous contractual wording needed to limit entitlement to that being provided by insurer

The court of appeal has upheld an employment tribunal’s decision that an employer was required to make payments directly to the employee in respect of annual increases to his long term sickness income protection payments, although the insurer had ceased to cover such increases years earlier.

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5. Legislative reform: Private members’ bill may move the dial on neonatal care

A private members’ bill has been passed backing legislation which will give up to 12 weeks paid neonatal leave to employees.

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Authors

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

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