We have picked out some of the more significant cases going to appeal (at varying stages of the appeal courts) this year.
Collective consultation – (United States of America v Nolan – European Court of Justice)
When does an employer's obligation to consult collectively kick in? Is it when it proposes to make a strategic business or operational decision that will foreseeably or inevitably lead to collective redundancies or only when the employer has made that strategic decision and is proposing consequential redundancies? Currently the position is slightly different for public and private sector arrangements. Hopefully, Nolan may address this.
Right to manifest religion or belief – (Ladele and McFarlane v UK and Eweida and Chaplin v UK – European Court of Human Rights)
When does Article 9 of the European Convention of Human Rights provide protection for employees' rights to manifest their religion or belief? Was the Convention breached where employees were disciplined for refusing to carry out civil partnership ceremonies/provide psycho-sexual counselling to same-sex couples (contrary to religious beliefs) and when an employee was restricted from visibly wearing a cross or crucifix at work?
Discrimination – (X v Mid Sussex Citizens Advice Bureau and Others – Supreme Court)
Can a volunteer pursue claims against an organisation she volunteered for under the Disability Discrimination Act 1995?
Holidays – (NHS Leeds v Larner – Court of Appeal)
Can a worker, who had been on sick leave for an entire leave year and had not taken any holiday during that period, be entitled to a payment in respect of that year's unused statutory holiday entitlement on the termination of her employment? (Note the Fraser case above) which for the moment at least seemed to have brought some certainty to the situation until Schulte came along. Larner is likely to be the first UK appellate court consideration of what Schulte means for us in the UK.
For further information, help or advice please call Chris Maddock on 0191 211 7919, email advice@muckle-llp.com or contact anyone of the Employment Services Group on 0191 211 7777.