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Sheila Gunn Shepherd & Wedderburn LLP

Results 1 to 5 of 87



ACAS discussion paper on Agency Workers' Directive *

United Kingdom - August 13 2009
Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009.

Co-authors: Kim Pattullo, Blair Adams.


Early review of default retirement age *

United Kingdom - August 13 2009
The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010.

Co-authors: Kim Pattullo, Blair Adams.


Failure to make reasonable adjustments can render a dismissal unlawful *

United Kingdom - August 13 2009
Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act.

Co-authors: Kim Pattullo, Blair Adams.


Attempts at conflict resolution did not prevent disciplinary action *

United Kingdom - August 13 2009
In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer.

Co-authors: Kim Pattullo, Blair Adams.


Sleeping-in allowance counts towards minimum wage *

United Kingdom - August 13 2009
The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty.

Co-authors: Kim Pattullo, Blair Adams.


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