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04 October 2013 / Ian Smith
Issue: 7578 / Categories: Features , Employment
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Hard at work

Ian Smith reviews a group of cases on compensation for unfair dismissal & one teeming with EU-driven complications

Sood Enterprises Ltd v Healy UKEATS/0015/12 is an example of a seemingly simple issue of holiday entitlement giving rise to legal complexities under the working time regulations and Directive. After a stroke in July 2010, the claimant was off sick until June 2011, when he resigned. His holiday year was the calendar year; in 2010 he had taken 11 holiday days before his illness; in 2011 he had taken nothing because of his illness. He had made no claim for holiday pay in 2010. On termination in 2011, he claimed outstanding holiday pay in lieu of untaken holiday.

The tribunal held that EU law requires the carrying over of holiday entitlement untaken because of illness, and on the basis that it is all unpaid “wages”, the claimant was entitled to 17 days’ holiday pay for 2010 and a pro-rata 14 days for 2011, ie using the full 28 days of ordinary and additional statutory leave (regs 13 and 13A) as the yardstick for calculation. The employer

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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