What can we learn from Employment law in 2022?

Can a self-employed worker claim holiday pay?

In Smith v Pimlico Plumbers, Mr Smith established he had worker rights despite being self-employed. He successfully claimed backdated holiday pay over six years. This case reinforces the importance of providing Contracts for all staff whether they are Employees, Workers or Self-Employed. 

Is long covid a disability?

In Burke v Turning Point Mr Burke was dismissed having been off sick with long covid for nine months. This case confirms that long covid could be classed as a disability and each case should be assessed on its’ own facts and a medical or occupational health report should be considered prior to any decision regarding an employee’s absence.

Should term-time workers benefit from a full 5.6 weeks holiday?

In Brazil v Harpur Trust it was found that paying 12.07% of hours worked as holiday pay for part-year workers was unfair and they should in fact get 5.6 weeks holiday at their normal pay rate. If you have zero hours workers or those working only part of a year you should NOT be using 12.07% to calculate holiday pay any longer. Please contact help@yourhrpartner.co.uk and we will assist you with these calculations and contracts.

If an employee falsifies his qualifications and gets a job does s/he have to repay their wages?

In R v Andrewes Mr Andrewes made several false claims on his CV regarding degrees and post-graduate qualifications over a ten year period. He was able to hold jobs such as Chief Executive Officer, Non-Executive Director and Chair of a Health Trust. He was dismissed and prosecuted and had to repay a proportion of his earnings. Obtaining work through a fraudulent CV is a crime.

Is it fair to select an employee for redundancy because their contract is due to end first?

In Mogane v Bradford NHS Trust two nurses on fixed-term contracts were at risk of redundancy. No consultation took place and Ms Mogane was unfairly selected for redundancy just because her fixed-term contract was due to end.  Meaningful redundancy consultation involves a series of meetings with staff at risk and the application of fair and objective selection criteria in order to successfully defend a Tribunal claim.

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This post was written by SKHR