In the case of Harvey v Vista Hotels Limited, Mr Harvey, the former Head Chef of Fermain Valley Hotel was dismissed by his employer following an incident resulting in him serving an 18 month prison sentence for biting and spitting blood at police officers. In an arguably surprising decision by the Employment Tribunal, Vista Hotels Limited was ordered to pay Mr Harvey the sum of £11,000 in damages for loss of earnings for failing to follow fair procedure.
A survey by Sealy UK has found that more than one in five workers has called in sick following a bad night’s sleep. One in ten workers has admitted to nodding off at work whilst 12% have taken themselves off somewhere at work for a power nap. Research suggests that power naps are effective in increasing memory and alertness but generally, sleeping on the job is regarded as an act of misconduct and can land employees in hot water. Individuals are more likely to take a day off, commonly known as a “sickie”, rather than have a snooze at work.
The 6 year time limit for bringing a claim in the Civil Courts has previously been held, in the case of Taylor v Central Manchester University Hospitals NHS Foundation Trust, to apply in the Employment Tribunals. However, following the case of Grisanti v NBC News Worldwide Inc, it seems this may no longer remain the status quo.
The Employment Appeal Tribunal has held that an employee whose return to work was not expected following long-term sickness absence did not transfer under the TUPE Regulations 2006 as he was not assigned to an organised grouping of employees.