Employment Matters - December 2019

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Employment Matters - December 2019

Published 11 diciembre 2019

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.

Holiday and sickness absence: Employers are only required to allow carry-over of four weeks' holiday for workers on sickness absence 

The European Court of Justice has held that carried over holiday for workers unable to take it during the holiday year can be restricted to four weeks.

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Whistleblowing: Public interest test 

A claimant must have the opportunity to give direct evidence about whether they had a subjective belief that they were acting in the public interest when making a whistleblowing disclosure.

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Whistleblowing: Interim relief 

An application for interim relief can be brought in a whistleblowing claim for unfair dismissal even where employment status is in dispute.

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Automatically unfair dismissal: Should the motivation of anyone except for a decision maker be taken into account?

An employee was automatically unfairly dismissed because the investigation was driven by a manager who was motivated by resentment over his trade union activities.

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Disability discrimination: Sickness absence triggers

An employer who did not adapt the sickness absence trigger point for a disabled employee failed to make reasonable adjustments.

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Confidentiality clauses: Evolving position 

In the recent past the Government have responded to the Women and Equalities report on non-disclosure agreements and the Equality and Human Rights Commission (EHRC) have published guidance on the use of confidentiality agreements in discrimination, harassment and victimisation cases.

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General Election 2019: Possible employment law reform

Conservative and Labour election promises affecting employment law. 

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

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