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Results: 11-20 of 290

Disability status: disability not established merely by failure to meet employer standard

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 2 2009

Employers can set standards for physical (or mental) ability as a pre-condition of obtaining a job without the risk of thereby bestowing disability status on all those who fail the test

Government consultations: time off to train, disability

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2011

The Government has published its response to the consultation on the right to time off to train, confirming that the right will not be extended to small employers for the foreseeable future, but will be retained for employers of at least 250 employees

UK: agency workers: meaning of “temporary”

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 7 2014

Workers supplied by an agency on an open-ended basis, rather than for a fixed term, are not covered by the Agency Workers Regulations 2010 as these

Unfair dismissal: whether pay cut proposals apply to management as well as staff could impact on fairness of dismissal for refusing pay cut

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2011

The EAT has confirmed that, in deciding whether it was fair to dismiss an employee for refusing to take a pay cut, the issue is whether it was reasonable for the employer to dismiss and not whether it was reasonable for the employee to accept the pay cut

Appeals: Christian registrar and disability carer

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 1 2010

The Supreme Court has refused Ms Ladele (the Christian registrar who refused to perform civil partnership ceremonies) permission to appeal the Court of Appeal's ruling that her employer was not obliged to accommodate her beliefs

Round-up of employment law developments in April 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 1 2012

In Seldon v Clarkson Wright and Jakes the Supreme Court has confirmed that employers need to give careful consideration when seeking to justify mandatory retirement ages

New resources

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2009

A government-commissioned report on racial discrimination in recruitment practice in British cities has found significant discrimination against applications with an ethnic minority name

TUPE: no liability for mistaken but genuine view of implications of transfer

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2009

A transferor will not be liable for giving incorrect information to employee representatives about the legal implications of the transfer, where its view is genuinely held

Harassment: civil claim possible even if criminal prosecution unlikely

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 6 2010

An employee can bring a civil claim for harassment under the Protection from Harassment Act 1997 even if the court considers it unlikely that a prosecutor would prosecute, provided the conduct can theoretically sustain criminal liability

Team moves: springboard injunction to protect workforce

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 5 2009

Two recent cases are the first examples of an employer obtaining a springboard injunction to prevent a competitor poaching employees (rather than clients