Employment Law Explained

Tag Archives: Court of Appeal

Sharon Shoesmith: Fairness or Accountability?

 

I confess to being puzzled by the reporting of this highly emotive and complex case involving issues of judicial review and unfair and wrongful dismissal. Not surprisingly given the dreadful events it isn’t merely an employment law matter because it was brought as a claim by Ms. Shoesmith for judicial review.  However, the decision she complained of had the effect of terminating her employment and, effectively, her career.   The media has reported that because she won her case before the Court of Appeal she is now potentially able to win substantial compensation for dismissal, possibly as much as one million pounds. See here for a very considered pierce by the Guardian -.  As many people know, the maximum compensatory award that can be made for unfair dismissal by an Employment Tribunal is currently £68,400 (less at the time Ms Shoesmith was dismissed).

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Employers have to repay sick pay

Some good news for employees came out last week with the decision by the European Court of Justice in Pereda v Madrid Movilidad SA that says if an employee is sick whilst on holiday, they can retake the holiday later on or carry the days lost over to the next year.

Not surprisingly employers’ representatives are unhappy about it as it places additional burdens on them. It also increases the risk of unscrupulous employees taking advantage. No guidance is offered by the ECJ on how this could be policed. Employers can only insist on a sick note from GPs after seven days absence.