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Employer could terminate for failure to follow reasonable instructions
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
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- United Kingdom
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- 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
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- United Kingdom
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- 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
TUPE update
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In this update on recent cases dealing with issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), we report on an EAT decision on what amounts to "measures", requiring information and consultation of employees and a decision that a temporary cessation of activities did not prevent a TUPE transfer
Minimum wage for apprentices
- Shepherd & Wedderburn LLP
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- United Kingdom
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- July 10 2009
The Government has asked the Low Pay Commission to consider the detailed arrangements for an apprentice minimum wage under the NMW framework and to recommend the rate and arrangements that should replace the existing exemptions, together with the timing for its introduction
Employment - A tale of two whistleblowers
- Shepherd & Wedderburn LLP
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- United Kingdom
- -
- May 14 2010
Two recent EAT decisions have considered the concept of what amounts to a protected disclosure for the purpose of a whistleblowing claim
Employer faces jail for perjury in the tribunal
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Garden leave: no obligation to provide work where employee in breach of duty of good faith
- Shepherd & Wedderburn LLP
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- United Kingdom
- -
- January 14 2010
In Standard Life Health Care Ltd v Gorman and others, the Court of Appeal upheld an injunction (interdict) preventing agents who were paid on a commission only basis from joining a competitor until the end of their notice periods
Meaning of "occupied premises" for purposes of car pool tax exemption
- Shepherd & Wedderburn LLP
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- 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"
Holidays and sick pay where are we now?
- Shepherd & Wedderburn LLP
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- European Union, United Kingdom
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- 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
