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Results: 1-10 of 273

Employer could terminate for failure to follow reasonable instructions

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd

Protection of volunteers - discrimination and unfair dismissal

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal

Date of resignation cannot be backdated

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined

Immigration and race discrimination

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2009

The decision by a UK law firm to reject a job application on the grounds that the applicant for the job did not have permission to work in the UK has been held by the EAT to constitute indirect race discrimination

A disability-related reason for misconduct did not mean dismissal was on grounds of disability

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 11 2010

In City of Edinburgh Council v Dickson, the EAT has held that an employer's rejection of a disability-related explanation for an act of misconduct did not in itself amount to disability discrimination

Holidays and sick pay where are we now?

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • December 10 2009

From our recent E-Bulletins on the evolving issue of how statutory holiday relates to sick leave, you will know how complex this area has become

Distinction between legitimate management instruction and punishment

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 11 2010

The EAT has drawn a distinction between a legitimate management instruction and a punishment in a claim for constructive dismissal

EAT grants only limited postponement to allow investigation into linked fraud

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • September 9 2010

The Employment Appeal Tribunal has decided, in the case of Gloucestershire Constabulary v Peters, that it was appropriate to grant a stay (sist) of disability discrimination tribunal proceedings for a limited period, pending a criminal investigation into the Claimant's suspected fraudulent sick pay claims

TUPE update

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 12 2009

Recent decisions of the EAT have considered (1) whether TUPE applies where services are fragmented following a re-tendering exercise and (2) how collectively agreed terms apply post-transfer

Consultant was in breach of confidentiality obligations

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • 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