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Holidays and sick leave: what employers need to know

Shepherd & Wedderburn LLP
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United Kingdom
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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

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

Avoiding the statutory uplift

Shepherd & Wedderburn LLP
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United Kingdom
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October 12 2009

In Tim Arrow and Sons v Onley, the EAT has held that where an employee is entitled to a statutory uplift on an award of compensation, the uplift will not apply to any amounts that have been paid to the employee prior to the tribunal hearing

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

BIS guidance on problems in the workplace

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

BIS has published two new guidance leaflets aimed at helping employers and employees resolve problems in the workplace

Industrial action notices

Shepherd & Wedderburn LLP
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United Kingdom
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May 14 2010

In a dispute over the validity of a notice of industrial action served by Unite the Union, the Court of Appeal has held that it is permissable for the same document to give notice of more than one form of planned industial action

Risks of starting the wrong procedure

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2010

In Sarkar v West London Mental Health NHS Trust (the Trust), the Court of Appeal has held that an employee's dismissal for gross misconduct was unfair in circumstances where the employer had initially been prepared to deal with the conduct as a minor matter

BA flight attendants claim race discrimination on removal of travel perks

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2010

We recently considered the lawfulness of BA's threat to withdraw discounted travel perks from its striking employees

TUPE and ETO reasons

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2010

Dismissals connected to a TUPE transfer will be automatically unfair unless they are for an economic, technical or organisational reason entailing changes in the workforce (an "ETO" reason

Contract terms: interpretation and variation

Shepherd & Wedderburn LLP
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United Kingdom
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May 14 2010

Two recent Court of Appeal decisions in bonus and commission disputes have confirmed the approach to unilateral changes by employers and the limits on contractual discretion

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