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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

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

Employer faces jail for perjury in the tribunal

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

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings

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

Sleeping-in allowance counts towards minimum wage

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty

Amended European Works Council Directive adopted

  • Shepherd & Wedderburn LLP
  • -
  • European Union
  • -
  • May 15 2009

The European Commission has updated the European Works Council (EWC) Directive, with a view to improving the role of EWCs in relation to corporate restructuring and involving employees in decision-making

Meaning of "occupied premises" for purposes of car pool tax exemption

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"

Finding the balance in industrial relations

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

Are the UK courts struggling to find a balance in interpreting the law on industrial action?

Differing outcomes in cases on dismissal to avoid paying early retirement pension

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

In what may be a sign of an increasing trend, another case of dismissal to avoid paying a pension has been heard

Damages for "stigma" loss flowing from the pursuit of a claim

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

The Court of Appeal has held, in the case of Chagger v Abbey National plc, that an employer who unlawfully discriminates in dismissing an employee can be liable for compensation reflecting the stigmatising consequences of the dismissal and the proceedings, for example where the employee finds it difficult to get new employment because he is suing his former employer