Law reports

Precedent-setting cases from the EAT and appellate courts, along with reports of selected tribunal cases.

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Decisions
Cases on Appeal

Annual leave: Worker's right to payment for untaken holiday survives death

Date:

7 November 2018

In Stadt Wuppertal v Bauer; Volker Willmeroth als Inhaber der TWI Technische Wartung und Instandsetzung Volker Willmeroth eK v Broßonn, the European Court of Justice (ECJ) held that a German law that prevents a payment in lieu of a deceased worker's outstanding annual leave from forming part of his or her estate is incompatible with EU law.
Annual leave: German law cannot automatically preclude termination payment for unused holiday

Date:

7 November 2018

In Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu, the European Court of Justice (ECJ) held that a worker who does not apply for leave does not automatically lose the right to a payment in lieu on termination of employment.
Whistleblowing: Co-workers liable for dismissal-related detriment

Date:

1 November 2018

In Timis and another v Osipov and another, the Court of Appeal held that, under s.47B of the Employment Rights Act 1996, an employee may bring a whistleblowing claim for dismissal-related detriment against a fellow worker.
"Fat ginger pikey" jibe in stressful sales environment was not harassment

Date:

30 October 2018

In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.
Vicarious liability: Employer liable for data breaches by employee with "grudge"

Date:

25 October 2018

In WM Morrison Supermarkets plc v Various claimants, the Court of Appeal held that the employer is vicariously liable for the criminal actions of an employee who disclosed the personal data of his fellow employees online.

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