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, […]

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 […]

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 […]

A hung parliament election outcome has caused uncertainty over Brexit and those enhanced worker rights pledged by all major parties’ manifestos. The Conservatives won 318 seats and Labour 261, meaning Mrs May has less seats than when she called the election. The prime minister has said the nation needs stability after the indecisive result and that […]