Employers and Contracts - Employees and Sick Leave

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Latest legal developments from expert Louise Taft

My last Ealing Expert column

It is with sadness that I announce that this will be my last Ealing Expert column. I’m moving practice to Hackney so whilst I am very much still an Employment Law Expert, I can no longer properly call myself an Ealing Expert.
Those of you interested in Employment law developments might want to follow me on Twitter @Louise_Taft, where I will be posting links to my new Employment Law blog http://londonemploymentlawyer.wordpress.com

Employment Appeal Tribunal confirms employers can change contractual terms

The Employment Appeal Tribunal has confirmed that where a Contract of Employment or Staff Handbook contains a broad contractual right for the employer to alter the terms of employment, it can go on to change fundamental contract terms, such as pay structures, without the employees’ agreement.
Asda wanted to change hours of work and rates of pay but some employees refused to agree. The EAT confirmed that it acted properly in harmonising the contracts so that all employees were subject to the change, whether or not they agreed.
Employers should not see this decision as carte blanche to change the terms of employees’ contracts. The term allowing variation must be carefully drafted and any changes must be subject to proper consultation. The fact that it was only a small proportion of employees who objected to the change is also likely to have affected the EAT’s decision.
The decision does help the situation where an employer needs to make a change, has discussed it with the affected employees and has a stubborn minority.

Employment Tribunal follows European Court in holding that employee could carry over holiday lost due to sickness

Last year, the European Court held that an employee who fell sick during his pre-booked annual leave, was entitled to take that annual leave later, even if that was in the next leave year.
Our Working Time Regulations do not allow for leave to be carried over so it was unclear how this was going to be incorporated into English law.
However, an Employment Tribunal has interpreted the Working Time Regulations alongside the European Court Judgment in just such a case. Mr Shah had pre-booked annual leave from 22 February to 21 March. He broke his ankle in January and remained on sick leave until 18 April. His employer said that he could not rearrange the holiday because the holiday year ended on 31 March. The Tribunal disagreed, holding that where an employee has been unable to take holiday leave due to sickness, he is entitled to rearrange it and where it is impracticable for an employee to take his leave before the end of the usual holiday year, he must be allowed to carry it over.

 

Many thanks Louise for contributing valuable information and expert knowledge.

We wish you lots of success in the future

Editor

 

March 2, 2010