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Court of Appeal finds parent company had no duty of care to its subsidiary’s employee

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 6 2014

The Court of Appeal has reversed a first instance decision that a parent company had assumed a duty of care to an employee of its subsidiary company

Tort of inducement to breach of contract requires actual knowledge and an intention to interfere

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 23 2007

The House of Lords (HL) has delivered a significant decision on the scope of economic torts and, in particular, the distinction between the tort of procuring a breach of contract and the tort of unlawful interference

Article 6 ECHR and disciplinary proceedings - a right to legal representation?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 20 2009

In Kulkarni v Milton Keynes Hospital NHS Foundation Trust 2009 EWCA Civ 789 the Court of Appeal (Smith LJ giving the leading judgment) suggested that Article 6 rights to a fair trial and to legal representation will apply in disciplinary proceedings brought by a public sector employer, where the consequences of those proceedings are such that the employee will be effectively barred from practising his profession

UK: FCA and PRA publish conclusions on the impact of financial incentives for whistleblowers

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 31 2014

The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have proposed not to introduce financial incentives for

Round-up of UK employment law developments in February 2014

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 7 2014

Commencement orders have confirmed that the mandatory period for ACAS early conciliation of potential tribunal claims will apply to claims lodged

Changes to employment tribunal process 2013: what you need to know

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 25 2013

New Employment Tribunal rules come into force on 29 July 2013. Employers need to be aware of some important changes, which will affect how claims are

UK: Revised draft regulations fail to simplify shared parental leave regime

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 23 2014

In March 2014 draft regulations to implement the new shared parental leave right (due to apply to births from April 2015) were published for consultation. They were heavily criticised by commentators for their complexity, in particular the numerous notifications that employees must give to exercise their rights. Hopes of a change in approach in response to those views have been dashed. The Government has now published revised drafts which simplify the drafting in a few areas and clarify a few points of detail, but basically retain the complex system of notices as it was. The drafts will now be reviewed by Parliament, but the framework is unlikely to change substantially. BIS has promised guidance and precedent notices and it is to be hoped that these will be published soon to assist employers in starting to update their policies

Round-up of UK employment law developments in June 2014

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 8 2014

The Government has published its response to last year'sconsultation on the proposal to require tribunals to order equal pay audits where an employer

Fairness in disciplinary proceedings 2 recent cases on Article 6 ECHR

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 26 2011

In this e-bulletin we report on two recent decisions which shed light on the application of the Article 6 right to a fair hearing in regulatory proceedings

UK: Women on boards: EHRC guidance on the limits of lawful positive action

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 23 2014

In March 2014 Business Secretary Vince Cable was reported to back the use of women-only shortlists by headhunters searching for candidates to fill