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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

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

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"

Office gossip can amount to sex discrimination and harassment

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • October 14 2010

In Nixon v Ross Coates Solicitors the EAT held that gossip about an employee's pregnancy can amount to pregnancy discrimination and sex harassment

Spanish holidays?

  • Shepherd & Wedderburn LLP
  • -
  • European Union, Spain
  • -
  • September 17 2009

The ECJ has held, in a case referred from the Spanish Courts, that an employee who was sick during a scheduled holiday could not be forced to take annual leave during a period of sick leave

Dismissal decision taken in the absence of employees was fair

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

In Bashir v Sheffield Teaching Hospital NHS Trust, the EAT has held that the claimants' dismissal was fair, notwithstanding that the decision to dismiss had been taken in their absence

Whistleblowing cases

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

From 6 April 2010, Employment Tribunals will have the power to pass on details of whistleblowing claims to the relevant regulator where the claimant has alleged that they have made a protected disclosure

Working time opt-out

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • March 13 2009

The European Commission has rejected the European Parliament's proposal to discontinue the opt-out from the maximum average 48-hour week

Meaning of "likely" under the DDA

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

The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle