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Results: 1-10 of 170

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

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

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

A disability-related reason for misconduct did not mean dismissal was on grounds of disability

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

In City of Edinburgh Council v Dickson, the EAT has held that an employer's rejection of a disability-related explanation for an act of misconduct did not in itself amount to disability discrimination

Holidays and sick pay where are we now?

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • 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

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

EAT grants only limited postponement to allow investigation into linked fraud

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

The Employment Appeal Tribunal has decided, in the case of Gloucestershire Constabulary v Peters, that it was appropriate to grant a stay (sist) of disability discrimination tribunal proceedings for a limited period, pending a criminal investigation into the Claimant's suspected fraudulent sick pay claims

Overseas employees on fixed-term contracts may claim unfair dismissal in the UK

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

The Court of Appeal has held that overseas employees who have never worked in Great Britain are subject to the protection of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and may bring an unfair dismissal claim in the UK (Duncombe and others v Secretary of state for Children Schools and Families

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

Acquired Rights Directive applies to transfers by non-contractual employer

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • November 11 2010

The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest