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Results: 1-10 of 159

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

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

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

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

Dismissal based on unproven allegations can be fair

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

The EAT has held that a public authority fairly dismissed a career civil servant in reliance on a police disclosure relating to alleged sexual abuse of children, even though the alleged conduct had not been proven and did not have a direct relationship with the employee's work (A v B

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

Constructive dismissal claim can be based on employer's treatment of other employees

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

The decision of the EAT in Hunter v Timber Components (UK) Limited serves as a reminder that employees can base a constructive dismissal claim on their employer's treatment of other employees

Costly age discrimination claim succeeds against NHS

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

A 60-year-old lady has been awarded £187,000 compensation after being passed over for promotion by Leeds Teaching Hospitals NHS Trust