Labour & European Law Review
26 January 2012
According to a report published this month by The Work Foundation, employers are underusing workers’ skills, resulting in lost productivity both for businesses and the economy as a whole.
Under the Equal Pay Act (EqPA), courts have the power to direct an equal pay claim to an Employment Tribunal if it considers that it could be disposed of “more conveniently” there. In Abdulla and ors v Birmingham City Council, the Court of Appeal ruled that the objective of the rule was to resolve judicial business in the “forum more fitted for it”, not to stifle claims that had been made in time.
Workers have the right to accumulate annual leave under the working time directive when they are off sick, but can they carry it over from one year to the next? In KHS AG v Schulte, the Court of Justice of the European Union (CJEU) said that workers on sick leave cannot endlessly accumulate entitlement, as the leave would cease to be a period of rest in those circumstances and instead become a period of “relaxation and leisure”.