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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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