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Results: 1-8 of 8

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

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

Equal pay: employers may not need to freeze comparator's pay to remove TUPE-related pay disparity

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

Where a pay disparity arises on a TUPE transfer (eg, due to higher transferor pay levels), this may provide the transferee employer with a "material factor" defence to an equal pay claim even where it fails to take any steps to narrow the pay gap (such as freezing the comparator's pay to enable the claimants to catch up

Employment status: reality of relationship trumps contractual terms; arbitrators not employees under discrimination law

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

The Supreme Court has confirmed that the employment status of an individual will be determined by the reality of their relationship with the employer

Holiday: statutory entitlement carried over when employee sick for full year

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

The EAT has confirmed that statutory holiday entitlement can be carried over to the following holiday year (notwithstanding that this conflicts with the express provisions of the relevant regulations) where an employee has been off sick for the entire holiday year

tax concession, pension auto-enrolment, board diversity

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

Earlier this year the HMRC codified the tax concession (ESC A81) for legal fees on termination

Unfair dismissal: UK rights for employees abroad

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

The Supreme Court has ruled that teachers employed by a UK government department and working abroad in European Schools had a sufficiently close connection with Britain and British employment law to enable them to bring UK unfair dismissal claims

Sexual orientation: discussing employee's homosexuality may not be unlawful

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

The Court of Appeal has ruled that it will not necessarily be unlawful discrimination for a manager to mention an employee's homosexuality to others where the employee has already made it public