Labour & European Law Review
24 August 2016
Following the announcement of mandatory pay gap reporting for large employers, the government has issued a consultation document to bring in similar reporting requirements for large public sector employers.
Under section 103A of the Employment Rights Act 1996 (ERA), it is automatically unfair to dismiss a worker because they made a protected disclosure. In Royal Mail Group Ltd v Jhuti, the Employment Appeal Tribunal (EAT) held that it is still unfair to dismiss someone even if the dismissing officer was not aware of the full facts.
Under the Working Time Directive, member states must ensure that all workers receive paid annual leave of at least four weeks. In Sobczyszyn v Szkola Podstawowa w Rzeplinie, the Court of Justice of the European Union (CJEU) held that this right overrides any national legislation or practice under which a worker who is on sick leave during a rostered period of annual leave is refused the right to holiday when their sick leave comes to an end.