Weekly Issue 639

Enforcing workers’ rights

According to an analysis into the enforcement of workers’ rights, about one in 20 do not receive their paid holiday entitlement, despite being legally entitled to at least 28 days a year (...).

In denial

Although employers can be held to have “constructive” knowledge of a worker’s disability, the Employment Appeal Tribunal held in A Ltd v Z that the employer could not have known about Z’s disability given that she consistently refused to admit that she had one. In addition, the tribunal found that she would have continued to deny her disability, even if they had explicitly asked her (...).

Secret recording

Although it is good employment practice for an employee to ask their employer for permission to record a meeting, the Employment Appeal Tribunal has held in Phoenix House Ltd and Anor v Stockman that it is not automatically misconduct to do so. Instead, tribunals have to assess the particular circumstances that apply in each case (...).