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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

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"

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

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

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 entitled to seven years' holiday pay on termination

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

The EAT upheld a tribunal's decision, in Beijing Ton Ren Tang (UK) Ltd v Wang, that an employee, who was found to have an oral term in her employment contract that "if she did not take her holidays she would be paid in lieu of holidays not taken at the end of her employment", had the right to pay in lieu of untaken holidays for the whole period of her employment, not merely the final leave year

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

What constitutes a valid settlement through ACAS?

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

The EAT has handed down its decision in Allma Construction v Bonner, confirming that, in deciding whether a valid settlement has been concluded through ACAS, it is irrelevant whether the ACAS officer believes that a settlement has been reached or whether a written agreement has actually been documented

EAT considers meaning of "affected employees" for the purposes of a TUPE transfer

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

The EAT has held that for the purposes of TUPE, "affected employees", whose representatives must be informed and consulted about the transfer, are those who will be or may be transferred, who have an internal job application pending at the time of the transfer and whose jobs may be put in jeopardy by the transfer (Unison v Somerset County Council