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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

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

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"

New Employment Tribunal Fast Track Scheme

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

From 6 April 2010, claimants in England and Wales whose employment tribunal awards of compensation remain unpaid will be able to take advantage of a new, simpler scheme for enforcing their award against the respondent

TUPE update

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

In this update on recent cases dealing with issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), we report on an EAT decision on what amounts to "measures", requiring information and consultation of employees and a decision that a temporary cessation of activities did not prevent a TUPE transfer

TUPE and ETO reasons

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

Dismissals connected to a TUPE transfer will be automatically unfair unless they are for an economic, technical or organisational reason entailing changes in the workforce (an "ETO" reason

Referees win appeal against mandatory red card

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

Four football linesmen (or to give them their official title, "assistant referees") have won their challenge against a default retirement age of 48 imposed by Professional Game Match Officials Limited (PGMOL), the body which provides referees for professional football

Legal loophole to avoid backdated holiday pay claims?

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

An Employment Tribunal has considered whether or not a claim for pay in lieu of untaken holiday extending back over a number of leave years can be defeated by making a payment restricted to the employee's entitlement in the latest holiday year