Ian Smith shares his reflections on a frenetic summer of activity & intrigue
- Apportionment in stress cases.
- Voluntary overtime & statutory holiday pay.
- Weekly pension contributions.
Given that last month was the fag end of the legal year, with everyone desperate for their foreign holidays in spite of an airport exchange rate of £15 to the euro, it provided some particularly eye catching case law. At the macro level we had a huge decision (in importance and physical length—464 paragraphs and two appendices) in the Court of Appeal on changes to the IBM pension scheme ( IBM Holdings Ltd v Dalgliesh [2017] EWCA Civ 1212, [2017] All ER (D) 46 (Aug)) and an Employment Appeal Tribunal (EAT) decision on equal pay claims by 7,000 ASDA employees which is winging its way straight to the Court of Appeal ( ASDA Stores Ltd v Brierley UKEAT/0011/17).
However, the three cases discussed below concerned equally important points in micro level employment law, holding that: (1) in a stress case (either in tort or in discrimination law) where there are stressor factors operating
