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UK: review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCAPRA whistleblowing proposals

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see here

UK: unfair dismissal: in depth investigation of employee’s explanations for misconduct will not always be necessary

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has ruled that the requirement that an employer carry out a reasonable investigation into allegations of misconduct (in order for

UK: termination: employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where

UK: state and diplomatic immunity: Court of Appeal rules on employment claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered

UK: disability discrimination: automatic non-payment of bonus to employees with absence warning was unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against

Uk: new tribunal compensation limits and statutory benefit rates from April 2015

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 17 2015

From 6 April 2015, the cap on the unfair dismissal compensatory award will increase from £76,574 to £78,335 and the cap on weekly pay (used to

UK: unfair dismissal: caution needed when relying on composite reasons for dismissal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 10 2015

Where an employer relies on more than one incident cumulatively to justify dismissal, the tribunal must assess whether dismissal was within the range

UK: unfair dismissal: ‘virtual’ employee teleworking from overseas for UK business can bring claim here

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 10 2015

Employers should bear in mind the scope for employees working abroad to bring claims here, even where it has been the employee's choice to relocate

Disciplinary and Grievance Procedures: changes may be needed to reflect revised ACAS Code

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 10 2015

In December 2013 Acas consulted on changes to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT ruling inToal v GB Oils

UK: jurisdiction: scope for suing non-EU employers in UK extended by recast Brussels Regulation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 10 2015

The recast Brussels Regulation introduced significant changes to the EU rules on jurisdiction and the enforcement of judgments for proceedings from