We provide a round-up of case reports added to XpertHR this week, covering: time off for dependants; age discrimination; constructive dismissal; and contract terms. 

• Time off for dependants: Disruption to childcare was unexpected In Royal Bank of Scotland Plc v Harrison EAT/0093/08, the EAT held that a disruption to the employee's childcare arrangements was unexpected. She was, therefore, entitled to take time off for dependants, and had suffered a detriment for a prescribed reason for doing so. (Employment Review)
• Age discrimination: Advocate General's opinion in Heyday In R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform Case C-388/07 (Heyday), the Advocate General has taken the view that a statutory default retirement age is not incompatible with EU law, and is potentially justifiable. (Employment Review)
• Constructive dismissal: Handling of grievance procedure is subject to the range of reasonable responses test In Claridge v Daler Rowney Ltd [2008] IRLR 672, the EAT held that, although it is for the tribunal to determine whether or not an employer has committed a repudiatory breach of contract, the employer's handling of the grievance procedure will amount to such a breach only where it fell outside the range of reasonable responses open to the employer. (Employment Review)
• Builder's contract term ruled to be a sham In Redrow Homes (Yorkshire) Ltd v Buckborough and another EAT/0528/07, the EAT upheld the employment tribunal's decision that the contract contained an obligation of personal service which was sufficient to bring the claimants within the statutory definition of “worker” and that provisions relating to the right to maintain a substitute and to provide other labour if necessary were a sham. (Personnel Today)

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