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Round-up of UK employment law developments in April 2013

Herbert Smith Freehills LLP
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United Kingdom
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May 9 2013

Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the

Court of Appeal upholds bonus ruling in Dresdner v Attrill

Herbert Smith Freehills LLP
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United Kingdom
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April 29 2013

The Court of Appeal has dismissed an appeal from the High Court's ruling that Dresdner Kleinwort had contractually committed to a minimum bonus pool

Round-up of UK employment law developments in March 2013

Herbert Smith Freehills LLP
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United Kingdom
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April 10 2013

The minimum period between starting consultation on 100 or more proposed redundancies and the first dismissal taking effect has been reduced from 90

Unlawful deduction from wages claim for bonus

Herbert Smith Freehills LLP
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United Kingdom
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March 6 2009

An employee may be able to bring a deduction of wages claim for non-payment of bonus, even if elements of the bonus appear to be discretionary

Employees can claim constructive dismissal even if employer upholds grievance

Herbert Smith Freehills LLP
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United Kingdom
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March 8 2010

An employer who has committed a fundamental breach of an employee's contract cannot prevent the employee claiming constructive dismissal by upholding the employee's grievance about that breach

Employees abroad: extension to unfair dismissal and discrimination rights

Herbert Smith Freehills LLP
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United Kingdom
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August 9 2010

Recent cases have extended the availability of British employment law rights to employees working overseas

Statutory dismissal procedure: timing of step 1 letter

Herbert Smith Freehills LLP
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United Kingdom
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April 6 2009

It is not a breach of the statutory dismissal procedure to announce an intention to make an employee redundant prior to sending the step 1 letter

Sex discrimination: women protected between IVF egg collection and implantation

Herbert Smith Freehills LLP
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United Kingdom
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January 6 2010

Employers must not discriminate against an employee because she is undergoing IVF, but only in relation to the period between egg collection and implantation of the fresh embryos

Recent TUPE cases: transfer of union recognition and post-transfer dismissals

Herbert Smith Freehills LLP
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United Kingdom
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August 9 2010

On a TUPE transfer, trade union recognition only transfers if the transferred entity maintains an identity distinct from the rest of the transferee's undertaking

Disability discrimination: limits on reasonable adjustments

Herbert Smith Freehills LLP
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United Kingdom
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April 5 2011

An employer is only required to make reasonable adjustments to enable a disabled employee to remain in employment, not to enable them to leave on advantageous terms

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