HR matters

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Description: Questions on sick leave and employment contract are answered. In Shah v First West Yorkshire Ltd, S broke his ankle shortly before his four weeks of annual leave. S was on sick leave for the whole of the four week holiday period and did not return to work until the after the start of a new annual leave year. The Employment Tribunal held that national law is required to permit a worker, who falls sick during a period of previously scheduled statutory holiday, to reschedule that holiday at a later date. Separately, in employment contracts a variation call result in a breach of the implied duty of mutual trust and confidence between the employer and employee, which would entitle the employee to claim constructive dismissal.
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