Time limits

New and updated

  • Holiday pay: Unpaid holiday pay can be claimed as unlawful deductions from wages

    Date:
    26 August 2009
    Type:
    Law reports

    In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others [2009] IRLR 677 HL, the House of Lords held that a claim for unpaid holiday due under the Working Time Regulations 1998 can be brought as an unlawful deductions from wages claim under ss.13 and 23 of the Employment Rights Act 1996.

  • Case of the week: Termination dates

    Date:
    25 August 2009
    Type:
    Law reports

    This week's case of the week, provided by Thomas Eggar, covers legal representation.

  • Gutridge and others v Sodexo Ltd and another

    Date:
    21 July 2009
    Type:
    Law reports

    The Court of Appeal has considered transferees' liability for equal pay claims made by transferred employees following a TUPE transfer.

  • Effective date of termination: Employment terminated on date employee's pay ceased

    Date:
    13 July 2009
    Type:
    Law reports

    In Kirklees Metropolitan Council v Radecki [2009] IRLR 555 CA, the Court of Appeal held that the contract of an employee with whom the employer was negotiating a compromise agreement terminated on the date that the employer stopped paying the employee, even though at that point the draft agreement had not been executed by the parties.

  • Gisda CYF v Barratt

    Date:
    10 July 2009
    Type:
    Law reports

    The Court of Appeal has held that the effective date of termination of an employee who was dismissed for gross misconduct was the date on which she opened and read the letter from her employer informing her of the dismissal.

  • Case of the week: Time limits

    Date:
    7 July 2009
    Type:
    Law reports

    This week's case of the week, provided by Thomas Eggar, covers time limits.

  • Disability discrimination: Time limit where employee relies on employer's long-term failure to make reasonable adjustments

    Date:
    19 May 2009
    Type:
    Law reports

    In Matuszowicz v Kingston Upon Hull City Council [2009] IRLR 288 CA, the Court of Appeal held that, where an employee relies on the employer's alleged continuing omission to make a reasonable adjustment, in the absence of evidence as to the date of the employer's decision, the time limit for instituting tribunal proceedings runs from the end of the period during which the employer might reasonably have been expected to effect the adjustment, unless there is an earlier inconsistent act.

  • Time limits for bringing tribunal claims - parental rights

    Type:
    Quick reference

    A table setting out the time limits for bringing tribunal claims for a breach of parental rights.

  • Kirklees Metropolitan Borough Council v Radecki

    Date:
    27 April 2009
    Type:
    Law reports

    The Court of Appeal has held that the removal of an employee from the payroll while he was suspended and negotiating a compromise agreement was sufficient to establish an effective date of termination for unfair dismissal purposes.

  • Slack and others v Cumbria County Council (intervener Equality and Human Rights Commission)

    Date:
    22 April 2009
    Type:
    Law reports

    The Court of Appeal has held that employees whose contract had been varied were employed in a stable employment relationship. The change to their terms did not have the effect of triggering the time limit for equal pay claims. Therefore their claims were in time.