Labour & European Law Review
19 January 2012
The following is a calendar* of dates that trade unions and their members may find helpful.
It covers deadlines for responding to government consultations and the dates when various changes in legal provisions become effective.
Recent European decisions have established that workers who are off sick can accrue their annual leave entitlement. In Fraser v Southwest London St George’s Mental Health Trust, however, the Employment Appeal Tribunal (EAT) said that workers have to give notice if they want to carry annual leave over to another leave year.
Tribunals are entitled to “gross-up” compensatory awards in cases of unfair dismissal to allow for tax when the statutory cap applies. In Hardie Grant London Ltd v Aspden, the Employment Appeal Tribunal (EAT) said Tribunals must do the “grossing-up” before they apply the cap, not afterwards.