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Offshore workers lose holiday claim in the Employment Appeal Tribunal

Shepherd & Wedderburn LLP
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United Kingdom
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March 12 2009

The EAT has held that offshore workers can be required to take their annual holiday entitlement under the Working Time Regulations (WTR) during onshore field breaks (Craig and others v Transocean International Resources Ltd and others

Consultant was in breach of confidentiality obligations

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2009

The High Court has held that a consultant was in breach of obligations of confidentiality to a former client, when he misused confidential information to develop a competing product for another party (Vestergaard Frandsen AS and others v Bestnet Europe Limited and others

Compensation paid to compromise tribunal claims was taxable

Shepherd & Wedderburn LLP
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United Kingdom
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March 12 2009

The Special Commissioner has held that a payment made to a former employee was chargeable to tax as a termination payment under section 401 of the Income Tax (Earnings and Pensions) Act 2003

Early review of default retirement age

Shepherd & Wedderburn LLP
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United Kingdom
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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

Directors' remuneration disclosure requirement

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2009

Under the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008, for financial years beginning on or after 6 April 2009, quoted companies must set out in the Directors' Remuneration Report a statement of how the pay and conditions of employees were taken into account when setting directors' remuneration

Immigration and race discrimination

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2009

The decision by a UK law firm to reject a job application on the grounds that the applicant for the job did not have permission to work in the UK has been held by the EAT to constitute indirect race discrimination

Information Commissioner orders council to disclose job application forms

Shepherd & Wedderburn LLP
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United Kingdom
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February 17 2009

The Information Commissioner has issued a decision notice ordering a local authority to disclose a summary of data on the job application forms of other candidates, including the successful applicants, or alternatively copies of their application forms with personal data removed

Misrepresentation and pre-employment medical questionnaires

Shepherd & Wedderburn LLP
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United Kingdom
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July 10 2009

The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation

Minimum wage and tips

Shepherd & Wedderburn LLP
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United Kingdom
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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

Individual not a worker where contract permitted unlimited substitution

Shepherd & Wedderburn LLP
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United Kingdom
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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