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Results: 1-10 of 165

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

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"

Office gossip can amount to sex discrimination and harassment

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

In Nixon v Ross Coates Solicitors the EAT held that gossip about an employee's pregnancy can amount to pregnancy discrimination and sex harassment

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

Whistleblowing cases

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

From 6 April 2010, Employment Tribunals will have the power to pass on details of whistleblowing claims to the relevant regulator where the claimant has alleged that they have made a protected disclosure

Damages for "stigma" loss flowing from the pursuit of a claim

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

The Court of Appeal has held, in the case of Chagger v Abbey National plc, that an employer who unlawfully discriminates in dismissing an employee can be liable for compensation reflecting the stigmatising consequences of the dismissal and the proceedings, for example where the employee finds it difficult to get new employment because he is suing his former employer

Redundancy during maternity leave: question of "suitable alternative vacancy" to be determined by employer

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

In the recent case of Simpson v Endsleigh Insurance Services Ltd, the EAT has confirmed that, in the context of a redundancy situation, whether a particular alternative vacancy is suitable for a woman on maternity leave is a question to be determined objectively by the employer, having regard for the employee's personal circumstances

Actual not perceived disability required. but a short-lived distinction?

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

In two recent cases, the EAT has confirmed that an actual disability is required for an employee to succeed with a claim under the Disability Discrimination Act (DDA