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Fair dismissal for SOSR based upon unproven allegations and reputational risk

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2012

In the case of Leach v OFCOM, the Court of Appeal has upheld a Tribunal's decision that an employee was dismissed fairly for "some other substantial reason" (SOSR) when the employer discovered allegations that he had been involved in child abuse in Cambodia

Guidelines Monitoring Group publishes update report on compliance with the Walker Guidelines

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 29 2009

Further to our E-Bulletin article of February 2009 on the Guidelines Monitoring Group's report on compliance with the Walker Guidelines (the Guidelines), the GMG has published an update report

Summary of the Programme for Government 2011-2012

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • October 11 2011

The 2011-12 Programme for Government sets out the Scottish Government's (the "Government") legislative priorities for the year ahead

Fine for breach of competition law not recoverable from employees and directors

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • January 17 2011

In Safeway v Twigger the Court of Appeal has held that a company cannot recover the costs of a fine imposed on it by the Office of Fair Trading for competition law breaches from its directors or employees involved in the infringement that led to the fine

Chair of Scottish Commission for Human Rights appointed

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • December 4 2007

The Commission was created by Scottish Commission for Human Rights Act 2006, which was passed after much controversy last year

Arbitration (Scotland) Act 2010

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • July 27 2010

The law relating to arbitration in Scotland has long been regarded as unsatisfactory and not fit for purpose in a 21st century commercial environment

European Union (Amendment) Bill

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • February 1 2008

Following the signing of the Treaty of Lisbon by the European heads of government in December, the wheels are now in motion for UK ratification

What constitutes a valid settlement through ACAS?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 11 2010

The EAT has handed down its decision in Allma Construction v Bonner, confirming that, in deciding whether a valid settlement has been concluded through ACAS, it is irrelevant whether the ACAS officer believes that a settlement has been reached or whether a written agreement has actually been documented

An own goal for penalty clauses

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 27 2008

Most commercial contracts will contain arrangements for what will happen if one of the parties fails to perform their obligations under the contract

Mediation - before and during the court process

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 24 2011

We have been looking at the recommendations made by the Civil Justice Advisory Group ("CJAG") who published their report titled "Ensuring effective access to the appropriate and affordable dispute resolution" (the "Report") earlier this year