The law relating to harassment and bullying, as it currently stands, is an amalgam of statute law (Equality Act 2010) and common law. “Harassment” and “bullying” are terms which are used interchangeably, but the legal basis for a claim for each is very different. 1.Harassment  S26 of the Equality Act defines harassment as “unwanted conduct […]

The Court of Appeal has decided that, in a whistleblowing dismissal case, it is irrelevant that the employer genuinely believed that the employee’s disclosure was not protected. A disclosure will be protected if it meets the statutory conditions in Part IVA of the Employment Rights Act 1996 (ERA 1996), and this is an objective test. […]

The Supreme Court has held that an employer was wrong to deduct 1/260 of an employee’s annual salary, rather than 1/365, when its employees went on strike. This was because the employees were employed on annual contracts and because it was accepted that the employees, who were teachers, regularly worked outside of their contracted hours, […]

The Information Commissioner, Elizabeth Denham, has warned businesses that there’s no time to delay in preparing for “the biggest change to data protection law for a generation”. In a YouTube video addressing boardrooms, Ms Denham says “If your organisation can’t demonstrate that good data protection is a cornerstone of your business policy and practices, you’re […]

Regulation 13(9) of the WTR 1998 provides that a worker’s annual leave entitlement must be taken in the leave year in which it is due and cannot be replaced by a payment in lieu except on termination of employment. However, in Pereda v Madrid Movilidad SA [2009] IRLR 959, the ECJ held that workers who do […]

Article 7(1) of the Working Time Directive (2003/88/EC) (the Directive) provides that member states must ensure that every worker is entitled to at least four weeks of paid annual leave. Article 7(2) provides that a payment in lieu of annual leave may only be made on termination. The Directive was implemented in the UK by […]

Can an appellant to the EAT rely on vague medical evidence to get an extension of time for a late appeal? No, held the EAT in J v K. J appealed against the strike-out of his discrimination claim. He sent in his Notice of Appeal before the 4pm deadline on the final day, but the file was rejected […]

There are some myths about annual leave that seem to linger no matter how untrue they are. Some of the most persistent myths are that firstly, an employer cannot refuse a request for annual leave and secondly, they cannot cancel pre-approved annual leave. Employers have more of a say over annual leave than they may […]