Employment Bulletin August 2019

​In this issue:

  • Contract enforceable despite breach of immigration rules - Okedina v Chikale
  • Employment rights of agency workers - Kocur v Angard Staffing Solutions Limited
  • When will posting on social media be “in the course of employment? - Forbes v LHR Airport Ltd  
  • Making a covert recording is an act of misconduct - Phoenix House v Stockman
  • Constructive knowledge of an employee’s disability – A Ltd v Z 
  • Holiday pay entitlement for “part-year workers”  - Harpur Trust v Brazel
Contract enforceable despite breach of immigration rules - Okedina v Chikale

In the recent case of Okedina v Chikale, the Court of Appeal held that the contract of employment of a Malawian employee, whose leave to remain had expired, remained enforceable for the purpose of bringing contract-based claims in the employment tribunal.

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Employment rights of agency workers - Kocur v Angard Staffing Solutions Limited

The Court of Appeal has held that the rights of an agency worker under the Agency Workers Regulations 2010 (AWR) do not extend to guaranteeing an agency worker the same number of hours of work as a permanent employee.

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When will posting on social media be “in the course of employment"? - Forbes v LHR Airport Ltd  

Posting on a private social media page outside of working time was not considered “in the course of employment” in the context of deciding whether an employer is vicariously liable for discriminatory acts.

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Making a covert recording is an act of misconduct - Phoenix House v Stockman 

Except in the exceptional circumstances, it will be misconduct for an employee to make a covert recording at work.

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Constructive knowledge of an employee’s disability – A Ltd v Z 

The EAT held, on the specific facts of the case, the Respondent had constructive knowledge of disability where the employee in question had not been forthcoming about her disability.

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Calculating Holiday Pay for Term-Time Workers - Harpur Trust v Brazel [2019]

Almost all workers are legally entitled to 5.6 week’s paid holiday per year under the Working Time Regulations (WTR) 1998 (this is equivalent to 28 days for those who work five days a week). This is made up of the statutory minimum of four weeks’ annual leave and UK public holidays. A part-time worker is entitled to 28 days' holiday which is reduced pro rata, according to the number of days they work each week. The statutory paid holiday entitlement is limited to 5.6 weeks; however employers may provide their workers with additional holiday rights. The amount of holiday pay a worker is entitled to will depend on various circumstances including the worker’s salary and working pattern.

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