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Results: 1-10 of 263

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

Equal pay and "piggyback" claims

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

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses

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

Establishing the effective date of termination (EDT)

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2010

Many employers may have faced the situation where notice is given but the employee leaves before the notice period expires

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

Employment status in the construction industry

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

HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria

Compensation paid to compromise tribunal claims was taxable

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

The Special Commissioner has held that a payment made to a former employee was chargeable to tax as a termination payment under section 401 of the Income Tax (Earnings and Pensions) Act 2003

Race discrimination update

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • September 17 2009

In this update we review recent EAT decisions of the relevance of the employer's reasons for discriminating against an employee and liability for discrimination against contract workers

Avoiding the statutory uplift

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

In Tim Arrow and Sons v Onley, the EAT has held that where an employee is entitled to a statutory uplift on an award of compensation, the uplift will not apply to any amounts that have been paid to the employee prior to the tribunal hearing

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"