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UK: redundancy: preferential treatment required for employee on maternity leave where roles restructured

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 5 2014

Where an employer decides to replace two roles, one of which is currently held by an employee on maternity (or other family-related) leave, with a

UK: changing terms and conditions: need for acceptance and consideration

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 5 2014

Employers wishing to change an employee's terms and conditions need to establish both the employee's agreement to the change, and that consideration

UK: TUPE: impact of transfer on time limit for harassment claim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 5 2014

A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass

UK: Tribunal breach of contract claims set-off defence available to employer as alternative to counterclaim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

The EAT has confirmed that an employer facing a breach of contract claim in the tribunal may be able to recover sums owed to it by the employee (eg

UK: new publications employment status review, industrial disputes report, and guidance on BYOD, tax-free childcare and surveillance

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

BIS has launched an employment review intended to "help clarify and potentially strengthen the employment status of up to a million British workers"

UK: shared parental leave further regulations and guidance

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

BIS has published further sets of draft regulations connected with the new SPL regime, available here. These extend the regime to parents fostering

UK: discipline no breach of duty in instituting disciplinary proceedings where within range of reasonable responses

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

Employers will not breach their duty of care by starting the disciplinary process where this is objectively within the range of reasonable responses

UK: constructive dismissal claim not prevented by employee’s prior repudiatory breach

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

The EAT has ruled that an employee who has committed a prior repudiatory breach can still bring a constructive unfair dismissal claim, in this case

UK: termination employees can be held to notice period and need not be paid if they refuse to work

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 12 2014

The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal

Round-up of UK employment law developments in October 2014

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

“Non-guaranteed” compulsory overtime pay (“non-guaranteed” in that the employer is not obliged to offer overtime, but it is compulsory for the worker