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Employees can claim constructive dismissal even if employer upholds grievance
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 8 2010
An employer who has committed a fundamental breach of an employee's contract cannot prevent the employee claiming constructive dismissal by upholding the employee's grievance about that breach
Employees abroad: extension to unfair dismissal and discrimination rights
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 9 2010
Recent cases have extended the availability of British employment law rights to employees working overseas
Sex discrimination: women protected between IVF egg collection and implantation
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- January 6 2010
Employers must not discriminate against an employee because she is undergoing IVF, but only in relation to the period between egg collection and implantation of the fresh embryos
Recent TUPE cases: transfer of union recognition and post-transfer dismissals
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- August 9 2010
On a TUPE transfer, trade union recognition only transfers if the transferred entity maintains an identity distinct from the rest of the transferee's undertaking
Disability discrimination: limits on reasonable adjustments
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- April 5 2011
An employer is only required to make reasonable adjustments to enable a disabled employee to remain in employment, not to enable them to leave on advantageous terms
Compensation: career-long loss and apportionment of discrimination damages
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- June 7 2011
In most cases, future loss of earnings should only be awarded until an employee is likely to obtain an equivalent job; career-long compensation will only be appropriate where there is no real prospect of the employee ever securing an equivalent job
Round-up of employment law developments in November 2011
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- December 5 2011
Employment law reforms: April 2012 government plans confirmed, new proposals and calls for evidence
Round-up of employment law developments in July 2012
- Herbert Smith Freehills LLP
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- United Kingdom
- -
- August 3 2012
Statutory holiday: employees unable to take holiday due to sick leave can carry it over into a new year without express request
Compromise agreements: public sector employer's payment of more than potential litigation award not ultra vires
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- August 9 2010
Overturning a High Court ruling, the Court of Appeal has decided that an NHS Trust's termination payment was not ultra vires even though it exceeded the maximum the employee could be awarded had she gone to tribunal
Age discrimination: employers can continue to rely on default retirement age of 65
- Herbert Smith Freehills LLP
- -
- European Union, United Kingdom
- -
- October 2 2009
It is not unlawful age discrimination for an employer to dismiss an employee on the grounds of retirement at age 65 or over
