Labour & European Law Review
21 February 2013
Following the decision of the European Court of Human Rights in Redfearn v United Kingdom (weekly LELR 305), the government has tabled an amendment to the Enterprise and Regulatory Reform Bill disapplying the two year qualifying period for unfair dismissal if the dismissal was on the grounds of political opinion or affiliation.
Following a Supreme Court ruling about the need for tribunals to look “behind” a written contract to see if it was a sham, the Employment Appeal Tribunal said in Qantas Cabin Crew (UK) Ltd v Lopez and Hooper that there was a big difference between employees not being clear about the terms of their contract and the whole contract being a sham.
Under the European Working Time Directive, workers are entitled to a minimum of four weeks’ paid leave every year.