Case digest: (un)lawful terminations, religion discrimination and holiday rights of healthy workers
A number of judgments, published in the last few weeks, are likely to affect the day-to-day working practices of many of our readers. They cover a wide range of issues: summary terminations, employees’ equality rights and the balance between conflicting rights and the thorny issue of annual leave rights. We summarise below the impact these will have and the steps you should consider taking.
Ensure you have appropriate powers to terminate employment contracts summarily and do so lawfully. This sounds like trite law. But, the Supreme Court has recently held that an unlawful summary termination of the employment contract will not bring it to an end unless and until the employee “accepts” the termination or the employer otherwise terminates the contract validly. Further, if you terminate the contact under a PILON clause, make this expressly clear to the employee. You may need to review your PILON clause, or decide to introduce them into employment contracts, following our analysis of the Supreme Court’s decision below…
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Briefings from Nabarro
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