In Pressure Coolers Ltd v Molloy and others  IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal.
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
The Employment Appeal Tribunal has held that a worker absent for the whole leave year, but who does not submit a request for the annual leave before the leave year ends, does not forfeit his or her entitlement to paid annual leave.
The Employment Appeal Tribunal has held that the tribunal was correct to find that a termination payment labelled as "ex gratia" was not pay in lieu of notice.
The Court of Appeal has held that an employee's contract of employment was terminated by the transfer of pay in lieu of notice into his bank account, even though he did not know at the time that this had happened.
A model contract clause on holiday pay on termination for fixed-term employees.
This is believed to be the first case to consider whether or not a claim for holiday pay for more than one leave year can be defeated by the employer paying the employee's final holiday year entitlement, thereby breaking the chain of unauthorised deductions.
This week's case of the week, provided by Thomas Eggar, covers notification of termination of employment.
Helen Samuel, associate solicitor and Anna Bridges, associate solicitor, at Addleshaw Goddard, detail the latest rulings.
HR and legal information and guidance relating to payments on termination.