What can we learn from Employment law in 2022?February 15, 2023 5:01 pm
Can a self-employed worker claim holiday pay?
In Smith v Pimlico Plumbers, Mr Smith established he had worker rights despite being self-employed. He successfully claimed backdated holiday pay over six years. This case reinforces the importance of providing Contracts for all staff whether they are Employees, Workers or Self-Employed.
Is long covid a disability?
In Burke v Turning Point Mr Burke was dismissed having been off sick with long covid for nine months. This case confirms that long covid could be classed as a disability and each case should be assessed on its’ own facts and a medical or occupational health report should be considered prior to any decision regarding an employee’s absence.
Should term-time workers benefit from a full 5.6 weeks holiday?
In Brazil v Harpur Trust it was found that paying 12.07% of hours worked as holiday pay for part-year workers was unfair and they should in fact get 5.6 weeks holiday at their normal pay rate. If you have zero hours workers or those working only part of a year you should NOT be using 12.07% to calculate holiday pay any longer. Please contact firstname.lastname@example.org and we will assist you with these calculations and contracts.
If an employee falsifies his qualifications and gets a job does s/he have to repay their wages?
In R v Andrewes Mr Andrewes made several false claims on his CV regarding degrees and post-graduate qualifications over a ten year period. He was able to hold jobs such as Chief Executive Officer, Non-Executive Director and Chair of a Health Trust. He was dismissed and prosecuted and had to repay a proportion of his earnings. Obtaining work through a fraudulent CV is a crime.
Is it fair to select an employee for redundancy because their contract is due to end first?
In Mogane v Bradford NHS Trust two nurses on fixed-term contracts were at risk of redundancy. No consultation took place and Ms Mogane was unfairly selected for redundancy just because her fixed-term contract was due to end. Meaningful redundancy consultation involves a series of meetings with staff at risk and the application of fair and objective selection criteria in order to successfully defend a Tribunal claim.
Categorised in: Uncategorized
This post was written by SKHR