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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

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

Cap on enhanced redundancy payments not age discrimination

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

The EAT has decided in Kraft Foods UK Ltd v Hastie that an upper ceiling on a contractual redundancy payment, which disproportionately affected older workers, did not constitute age discrimination

Jurisdiction: when can overseas employees bring claims for unfair dismissal and discrimination?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • July 8 2010

In two recent cases, the UK courts have considered the circumstances in which overseas employees can bring claims for unfair dismissal or discrimination in the employment tribunals

Overtime or shift payments do not count towards the National Minimum Wage (NMW)

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

The EAT has confirmed that, in determining whether a worker has received the NMW, the amount by which any overtime or shift payment exceeds the lowest hourly rate payable to a worker should not be taken into account

Court of Appeal grants injunction preventing disciplinary proceedings

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

The Court of Appeal has upheld an injunction (interdict) preventing an NHS Trust from taking disciplinary proceedings against a medical practitioner where a previous investigation into her conduct had vindicated her (Mezey v South West London Mental Health NHS Trust

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

Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal

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

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence