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Results: 1-10 of 614

Dismissal: intention to terminate must be clear

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2009

Employers who decide to end an employee's employment should ensure that decision is clearly communicated to the employee

Equality Bill published

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2009

The long-awaited Equality Bill has finally been published

Holiday during sick leave: House of Lords ruling

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2009

The House of Lords' decision concerning holiday rights while off sick was covered in our special 12 June e-bulletin

Misrepresentation: drafting of pre-employment questionnaire is key

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2009

An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage

Equal pay update

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2009

Employers cannot get an equal pay tribunal claim thrown out simply because the employee has failed to identify his comparators in the written grievance

Inability to carry out common work activities can be disability

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2009

An employee's inability to carry out a work activity that is common to a range of industries is enough to qualify as disabled

Employees' rights protected on an offshore outsourcing

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 20 2008

For the first time, the UK's Employment Appeal Tribunal (EAT) in the Holis decision has stated that the rights of UK workers may be protected even if the outsourcing provider is outside the EU

Minimal evidence required to be given to an employee prior to a Stage 2 meeting to comply with the statutory DDPs but consider ordinary unfair dismissal principles

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

The EAT has clarified that an employer is only required to set out the basis for the allegation when inviting an employee to attend a disciplinary hearing

Scope of non-dealing covenant

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

In our March client e-bulletin, we covered the case of Thomas v Farr Plc in which we successfully acted for a company in relation to a 12-month non-compete clause

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

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