Commissioners of Inland Revenue v Ainsworth Court of Appeal.
Employees on long term sick who have exhausted their sick pay entitlement are not entitled to holidays under regulation 13(1) of the Working Time Regulations. Regulation 13(9) provides holidays may only be taken in the leave year that they are due and no payment may be made in lieu of holidays unless they are untaken holidays on termination of employment. An employee may no longer claim back a number of year’s holidays if on long-term sick leave based on a series of unlawful deduction of wages.

Windsor Recruitment v Silverwood EAT.
Dismissal of employees for refusing to accept restrictive covenants, which are reasonable, can be a fair dismissal provided the covenants were not a device to get rid of the employees. The enforceability of restrictive covenants is relevant in deciding the reasonableness of a dismissal for refusing to agree to such covenants.

Hone v Six Continents Retail Ltd Court of Appeal.
In a stress at work claim, if the employee works above the 48-hour maximum working week then this will be taken into account when a tribunal decides whether a psychiatric injury should have been foreseeable by the employer.

Leicestershire County Council v Unison EAT.
The need to consult with employees of a public authority during redundancy begins after the practical decision to make redundancies is made by officers of the Council and not after the decision is formally ratified by the Employment Committee of the elected councillors.

Willow Oak Developments Ltd t/a Windsor Recruitment v Silverwood and ors EAT.
Companies immediately re-employing employees on different terms after dismissing them on grounds of business needs must satisfy three criteria for the dismissal to be fair - an identifiable business need, reasonable new terms and the following of a proper procedure.

Elizabeth Claire Care Management Ltd v Francis EAT.
An employee’s dismissal for conduct arising out of an employer’s failure to pay salary on the due date is dismissal for assertion of a statutory right under the Employment Rights Act 1996 and will be automatically unfair. In this case the employee who had less than 12 months service, had no alternative but to stay away from work to look after her child as she was unable to pay for childcare.