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Payment in lieu of notice did not waive employer's right to terminate for gross misconduct

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

In the case of Benveniste v Kingston University, the EAT has confirmed that by mistakenly paying in lieu of notice, the employer did not waive its right to rely on the employee's gross misconduct and dismiss her summarily

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

Consultant was in breach of confidentiality obligations

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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

Misrepresentation and pre-employment medical questionnaires

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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
  • -
  • 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

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