Cases on appeal
Cases on appeal provides news on key case law developments that are expected.
Harpur Trust v Brazel
annual leave | holiday pay | term-time workers | zero hours contracts
In Harpur Trust v Brazel  IRLR 1012 CA, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks. The Court of Appeal acknowledged that calculating holiday pay without a pro rata reduction for part-year workers might produce perceived inequities, but the Court did not consider it to be unfair.
Harpur Trust appealed the Court of Appeal's decision to the Supreme Court. The Supreme Court is due to hear the appeal on 9 November 2021.
Kostal UK Ltd v Dunkley and others
trade unions | collective bargaining | unlawful inducements
In Kostal UK Ltd v Dunkley and others  IRLR 428 EAT, the Employment Appeal Tribunal (EAT) held that an employer offered unlawful inducements when it attempted to bypass collective bargaining with a trade union by making pay offers directly to its members.
Kostal UK Ltd appealed the EAT decision to the Court of Appeal. In Kostal UK Ltd v Dunkley and others  IRLR 817 CA, the Court of Appeal allowed the appeal and set aside the tribunal decision. The Court of Appeal held that the employer had asked the workforce if it would agree a particular term on this occasion; it had not sought a permanent change in its relationship with the union.
The Supreme Court granted the claimants permission to appeal the Court of Appeal's decision. The Supreme Court heard the appeal on 18 and 19 May 2021.
R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd (t/a Deliveroo)
employment status | collective bargaining | human rights
In R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd (t/a Deliveroo)  IRLR 249 HC, the High Court held that Deliveroo riders are not workers and therefore are not automatically entitled to a collective bargaining arrangement. The High Court also rejected the union's argument that denying riders union representation is a breach of art.11 (freedom of association) of the European Convention on Human Rights.
The Court of Appeal granted the union leave to appeal the High Court's decision. The Court of Appeal dismissed the appeal in The Independent Workers Union of Great Britain v Central Arbitration Committee and another  EWCA Civ 952 CA on 24 June 2021.
Sullivan v Bury Street Capital Ltd
disability discrimination | definition of disability | paranoid delusions
In Sullivan v Bury Street Capital Ltd  IRLR 953 EAT, the EAT held that an employee who had paranoid delusions about a "Russian gang problem" was not disabled under the Equality Act 2010.
Mr Sullivan appealed the EAT decision. The Court of Appeal is due to hear the appeal on 19 or 20 October 2021.