Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it
According to the preliminary Opinion of the European Court in The Sash Window Workshop Ltd v King, if a worker does not take holiday in the leave year, in circumstances where he would have done so but for the fact that the employer does not give paid leave, the right carries over until the worker can exercise it, with an entitlement to pay in lieu of all untaken leave on termination.
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Releasing the tension – EAT confirms disability must be effective cause of unfavourable treatment
In Charlesworth v Dransfields Engineering Services Ltd the EAT has confirmed that disability must be an effective cause of unfavourable treatment under the "discrimination arising from a disability" provisions of the Equality Act, not a "mere influence". The decision eases the tension between two earlier and potentially conflicting EAT decisions.
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Just about right – six month non-compete not too restrictive
In Egon Zehnder Ltd v Tillman the High Court found that a six month non-compete clause in the contract of a senior executive search consultant was enforceable. Although the clause had been included in her original employment contract, and she had been promoted several times since, the restriction was nonetheless reasonable.
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