the pilot's base (but not working) might not need to be taken into account for holiday pay. However, pay during leave should be comparable to pay during periods of work. The ECJ was concerned that if employers only pay basic salary for annual leave, the prospect of losing pay could deter people from taking annual leave, which would be contrary to the social policy of encouraging people to take leave. The ECJ left the question of which elements of pay should be incorporated into holiday pay to be determined by the national Court. The ECJ was considering a question arising from The Civil Aviation (Working Time) Regulations 2004, which cover aircrews, implementing the sector-specific provisions relating to Working Time. However, the Judgment may have broad implications for calculating holiday pay for workers where task-related allowances form part of remuneration.
JOB REFERENCES
28 September 2011 Can a reference be lawful even though it is, to the layman, unfair? Yes, says the Court of Appeal in Jackson v Liverpool City Council . Daniel Barnett’s Employment Law Bulletin reports:
J worked for Liverpool City Council in its youth offending team. He left to join Sefton Borough Council with good references. He then applied for a post with Sefton in its youth offending service. One of his three references from his former employer (Liverpool) was caveated. It was suggested there were record keeping issues. But these had not been investigated before he left (this was made clear in the reference). He failed to get the job and was unemployed for a year. The trial judge (upheld by the Court of Appeal (applying Spring v Guardian Assurance [1995] 2 AC 296) considered the reference true and accurate even though it referred to matters which were untested and unproved. The claim for negligent mis-statement therefore failed. The moral of the tale is to try to agree your reference before you leave. 5 October 2011 An employment tribunal has held that dismissing an employee for posting relatively minor work-related comments on Facebook was unfair. Pinsent Masons reports : W was employed as a team leader for Skoda Customer Services, an important client of her employer. Representatives of Skoda worked along side her. She had been employed since 2007 and had been an exemplary employee with a clean disciplinary record. In September 2010, after a difficult day at work W posted a comment on Facebook saying: "I think I work in a nursery and I do not mean working with plants." W's profile was set so that only her friends could see the messages she posted but some of her colleagues, including representatives of Skoda were her Facebook friends. W's comment attracted a few posts in response and the exchange ended with an ex-employee saying "Ya, work with a lot of planks though!!! LOL", and W replying "2 true xx". DISMISSAL: WORK RELATED COMMENTS ON FACEBOOK
CIPP Policy News Journal
09/10/2012, Page 49 of 234
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