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Results: 1-10 of 80

Holidays and sick leave: what employers need to know

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave

Equal pay and "piggyback" claims

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses

Minimum wage and tips

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage

ACAS discussion paper on Agency Workers' Directive

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009

Individual not a worker where contract permitted unlimited substitution

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 15 2009

Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza

Early review of default retirement age

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010

Controlling shareholder can be an employee

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2009

The Court of Appeal has confirmed that a shareholder and director of a company can also be an employee of the company, even in circumstances where their shareholding gives them total control over the company

Holiday entitlement

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2009

The minimum entitlement to paid holiday under the Working Time Regulations 1998 increased to 5.6 weeks with effect from 1 April

EAT confirms test for constructive dismissal

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The EAT has confirmed that the "band of reasonable responses" test does not apply to the question of whether an employer has committed a fundamental breach of contract, entitling an employee to resign and claim constructive dismissal (Bournemouth University Higher Education Corporation v Buckland

Failure to make reasonable adjustments can render a dismissal unlawful

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act