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Case
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Court
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Holiday pay and commission
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Lock and others v British Gas Trading Ltd and another
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EAT
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Whether the Working Time Regulations (WTR) can be read in line with the
Directive. In particular, whether the week’s pay provisions of the Employment
Rights Act 1996 should be re-written for the purposes of the WTR’s so that
commission and similar payments are included in holiday pay.
Case was heard on 8/9 December 2015. The decision is not yet available and
is not likely to be given until March/April 2016. If the Tribunal rules in Mr Lock’s
favour another date will be set down to determine how much compensation he
will receive.
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The Sash Window
Workshop Ltd and another
v King
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Court of Appeal
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Are workers entitled to carry holiday over to the next year where they are unable
to take their holiday for reasons beyond their control, as an exception to the
usual rule that holiday entitlement expires at the end of a leave year?
To be heard on 9 or 10 February 2016.
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Collective consultation
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USDAW and another v WW Realisation 1 Ltd (in liquidation), Ethel Austin Ltd and another (the “Woolworths” case)
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Court of Appeal
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Following the ECJ’s decision that the Collective Redundancies Directive does
not require that the number of dismissals in all of an employer’s establishments
be aggregated in order to determine whether the threshold for collective
redundancy consultation is met, the Court of Appeal will determine whether,
on the facts, each branch of Woolworths and Ethel Austin was a separate
establishment.
No date has been set for this to be heard.
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Discrimination
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First Group PLC v Dough Paulley
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Supreme Court
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Permission to appeal has been granted against the Court of Appeal’s decision that a bus operator whose policy was to merely request, but not require, passengers to move out of wheelchair spaces to make way for wheelchair users was not in breach of the Equality Act 2010.
No date has been set for this to be heard.
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De Souza v Vinci Construction UK Ltd
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Court of Appeal
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The Court of Appeal will determine whether the 10% uplift on general damages in civil claims should apply to Employment Tribunal claims.
Judgment is expected in 2016.
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Harrod v Chief Constable of West Midlands Police and others
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Court of Appeal
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Appeal against the decision that the compulsory retirement of large numbers of police officers could be objectively justified and was therefore not indirectly discriminatory on age grounds.
To be heard on 31 January or 1 February 2016.
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Whistle-blowing
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Chesterton Global Ltd (t/a Chestertons) and another v Nurmohamed
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Court of Appeal
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Appeal against the EAT’s decision that it is not necessary to show that a disclosure was of interest to the public as a whole, as only a section of the public will be directly affected by any given disclosure and that a small group may be sufficient.
To be heard on 11 or 12 October 2016.
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Contracts of employment
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Sparks v Department for Transport
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Court of Appeal
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Appeal against the High Court’s decision that the Department for Transport was not entitled to unilaterally change the terms of its staff handbook, which the court found had been incorporated (in part) into its employees’ contracts of employment.
To be heard on 16 or 17 February 2016.
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Atypical working
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Moran and others v Ideal Cleaning Services Ltd
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Court of Appeal
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Appeal against the EAT’s decision that the Agency Workers Regulations 2010 did not apply to a group of agency workers who were assigned to one hirer for periods ranging between 6 and 25 years.
To be heard on 2 or 3 March 2016.
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Unions
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British Airline Pilots' Association v Jet2.com Ltd
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Court of Appeal
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Appeal against the High Court's decision which found that the airline was not required to negotiate with a recognised trade union over pilots' rostering arrangements in circumstances where the specified method of collective bargaining had been imposed by the Central Arbitration Committee.
To be heard on 9 or 10 November 2016
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Tribunals
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R (Unison) v Lord Chancellor and another
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Supreme Court - permission to appeal lodged
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The Court of Appeal dismissed Unison's challenge to the introduction of fees in the employment tribunals and EAT
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| Data protection
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Dawson-Damer and others v Taylor Wessing LLP and others
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Court of Appeal
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It was not reasonable or proportionate for the solicitors' firm to carry out lengthy and costly searches of files dating back at least 30 years to determine whether or not information requested was protected by legal professional privilege in order to comply with subject access requests sought under the Data Protection Act 1998.
To be heard 19 or 20 July 2016.
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