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Employment Law Bulletin
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  THE EDITOR'S MESSAGE Issue 817  
 DIFFICULT HOLIDAY ENTITLEMENT ISSUES
Joanna Stubbs, Editor

In this issue, we examine some of the difficult issues that arise in the area of holiday entitlement. Topics tackled in our spotlight article include: rolled-up holiday pay; long-term sick leave and holiday; sickness while on holiday; and holiday and religious discrimination.

In case law, the issue for the Court of Appeal in Brunel University was whether or not the parties had waived the “without prejudice” rule in relation to negotiations that had taken place regarding the employees’ earlier discrimination claims. If they had, details of discussions that had taken place in the course of the negotiations could be used in evidence in a subsequent victimisation claim. Meanwhile, in Sovereign Business Integration plc, the EAT considered whether or not an employer had complied with its obligation to follow the statutory dismissal procedure when an employee failed to attend an appeal meeting for which the written invitation had been sent by post in the run-up to Christmas, when there was a risk that he would not receive it in time.

XpertHR Joanna Stubbs,
Editor,
Employment Law Bulletin

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 NEWS

XpertHR unveils new site design

The UK's leading online HR information service has released a beta version of its brand-new website design, featuring a sleek modern interface and new features designed to make it even easier to use its unmatched range of resources.

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 SPOTLIGHT

Holiday entitlement: difficult issues

We examine the latest case law and legislative developments regarding holiday entitlement with the aim of clarifying the position on a number of issues that cause particular difficulty for employers.

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 CASENOTES

Race discrimination

Brunel University and another v Vaseghi and another

Both the employee and the employer had waived the “without prejudice” principle when they referred to earlier privileged discussions at a grievance hearing, and in their pleadings before the employment tribunal.

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Statutory dispute resolution procedures

Sovereign Business Integration plc v Trybus

The timing of an appeal hearing was not reasonable, meaning that the employee’s dismissal was automatically unfair, where the notice of the hearing was so short that the employee was unlikely to receive it in time.

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Continuity of employment

Vernon v Event Management Catering Ltd

A casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

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 MODEL POLICIES AND DOCUMENTS
Contract for services

Use this document when drafting a contract for a contractor who is genuinely self-employed.

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Letter rejecting an applicant because of unsatisfactory references

Use this letter to withdraw a conditional offer of employment when references are not satisfactory.

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 FROM THE BLOG

Launched and run by the editorial team who produce XpertHR and the IRS journals, the Employment Intelligence blog is kept constantly updated with news, comment and links to the latest employment developments.

Here’s a selection of recent posts:

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IRS conference: Equality and Diversity

This one-day conference, to be held on 17 October 2007, will look at how organisations can manage diversity to enhance corporate reputation, support culture change and boost competitiveness. It will feature three case studies from Harlow District Council, KPMG and The Co-operative Group. Find out more...

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