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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

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"

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

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 dismissal letter is only effective when the employee actually reads it

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

The Supreme Court has confirmed, in the case of Gisda Cyf v Barratt, that the effective date of termination (EDT) of Mrs Barratt's employment was the date on which she actually read her dismissal letter and not the date, four days earlier, on which it was delivered

When is an employer exempt from the duty to make reasonable adjustments?

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

The DDA provides that an employer is not required to make reasonable adjustments to a provision, criterion or practice (PCP) where the employer does not know, and could not reasonably be expected to know, that the person is disabled and likely to be placed at a disadvantage in relation to the PCP

Disciplinary hearings recent developments

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

In this summary of recent developments, we look at three cases in the area of disciplinary proceedings which provide useful guidance to employers

ECJ gives clues on how to justify a retirement age

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

The ECJ has given an important ruling in the case of Rosenblatt v Oellerking, which will be of interest to UK employers who wish to retain a compulsory retirement age after the abolition of the default retirement age on 1 October 2011

BA flight attendants claim race discrimination on removal of travel perks

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

We recently considered the lawfulness of BA's threat to withdraw discounted travel perks from its striking employees

Interrupted rest breaks are not "on-call time" requiring payment

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 12 2010

In the case of Martin v Southern Health & Social Care Trust, the Northern Ireland Court of Appeal (NICA) ruled that, although a nurse's rest breaks during night shift were often interrupted due to medical emergencies or other more mundane administrative matters, this did not mean that those rest breaks amounted to "on-call time" for which she was entitled to be paid