Cases - Other
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Miller v Lambeth Primary Care Trust - extension of time to appeal is at the discretion of EAT judge
08/06/11
Court of Appeal upholds refusal to extend time: it is for an EAT judge to exercise the discretion as to whether or not to extend time for appeal; in the absence of his decision falling outside that scope, by being perverse or unreasonable, the Court of Appeal will not interfere.
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The POA and Others v the United Kingdom
23/01/12
POA challenges prohibition on right to take industrial action in ECtHR
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Dominguez v Centre informatique du Centre Ouest Atlantique - annual leave entitlement cannot be subject to preconditions
24/01/12
A worker's entitlement to annual leave cannot be made subject to any preconditions whatsoever. Member states may set national rules on how the entitlement is actually exercised, but laws such as a requirement to actually work 10 days before the entitlement even arises breach the Working Time Directive.
Furthermore, the Working Time Directive has "direct effect" in national law, meaning that it can be directly enforced by public sector employees.
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Weddall v Barchester Healthcare Ltd, Wallbank v Wallbank Fox Designs Ltd - vicarious liability for violent employees
24/01/12
Whether an employer is vicariously liable for a criminal assault by one of his employees on another will depend on whether there is a sufficiently close connection between the assault and the employment (such as the spontaneous violent reaction to a lawful instruction given in the workplace). The principle of vicarious liability is limited as a matter of policy, and each case will turn on its own facts.
