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Connection with the UK examined again in context of trade union recognition

DMH Stallard LLP
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United Kingdom
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October 15 2012

Skyshare is an independent trade union

TUPE - organised groupings

DMH Stallard LLP
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United Kingdom
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August 20 2012

One of the conditions necessary for a service provision change to occur under the TUPE Regulations is that, under Regulation 3

Disciplinary proceedings: can an employee be disciplined twice for the same offence?

DMH Stallard LLP
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United Kingdom
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July 18 2012

The EAT held in this case that an employer will not necessarily be precluded from conducting second formal disciplinary proceedings against an employee in respect of a matter for which that employee has already been disciplined

Pilon clauses: incentivising dishonesty?

DMH Stallard LLP
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United Kingdom
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July 18 2012

The Court of Appeal has held that an employee who had his employment terminated on the basis that he would receive a payment in lieu of notice remained entitled to the payment, even though his employer had later discovered his gross misconduct was sufficient to warrant summary dismissal

Redundancy: no need for reduction in number of employees

DMH Stallard LLP
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United Kingdom
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July 18 2012

Must there be a reduction in the number of employees required in order for a dismissal to be by reason of redundancy?

Equal pay: council could objectively justify on-call payments because it was only means of achieving aim of rewarding those prepared to be on call

DMH Stallard LLP
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United Kingdom
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July 18 2012

This case involved female staff members bringing equal pay claims in respect of various allowances paid to predominantly male sectors of Trafford Council’s workforce

Duties of employees: Court of Appeal finds High Court was wrong to conclude that employee had fiduciary duties towards employer

DMH Stallard LLP
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United Kingdom
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July 18 2012

The Court of Appeal in this case found that the High Court was wrong in holding that Mr Ranson had fiduciary duties towards his employer

Terminating employment with a PILON

DMH Stallard LLP
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United Kingdom
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July 5 2012

The Supreme Court is due to hear an employee’s appeal against the Court of Appeal’s decision that his employment terminated on the date that the payment in lieu of notice monies were paid into his bank account, even though he was not aware of the payment (Societe Generale, London Branch v Geys

Right to manifest religion or belief

DMH Stallard LLP
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European Union, United Kingdom
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July 5 2012

The cases of Ladele and McFarlane v United Kingdom and Eweida and Chaplin v United Kingdom are due to be heard by the European Court of Human Rights in September

Dresdner Kleinwort bonus litigation - what it means for all employers

DMH Stallard LLP
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United Kingdom
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May 15 2012

A group of former Dresdner Kleinwort bankers recently established the right in the High Court to a share of a bonus pool of 400 million. Few employers have such largesse to distribute, but the case highlights some important points about discretionary bonuses: