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Employer could terminate for failure to follow reasonable instructions
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
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- United Kingdom
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- 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
Employer faces jail for perjury in the tribunal
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Misrepresentation and pre-employment medical questionnaires
- Shepherd & Wedderburn LLP
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- United Kingdom
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- July 10 2009
The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation
Date of resignation cannot be backdated
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Constructively dismissed employees must give credit for earnings in the notice period
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 17 2009
The Court of Appeal has held that, in the case of an employee who has been constructively dismissed, earnings during what would have been the notice period must be taken into account when calculating the compensatory award for unfair dismissal (Stuart Peters Ltd v Bell
Offshore workers lose holiday claim in the Employment Appeal Tribunal
- Shepherd & Wedderburn LLP
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- United Kingdom
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- March 12 2009
The EAT has held that offshore workers can be required to take their annual holiday entitlement under the Working Time Regulations (WTR) during onshore field breaks (Craig and others v Transocean International Resources Ltd and others
TUPE update
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Equality Act in force today
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 1 2010
The main provisions of the Equality Act 2010 come into force today, 1 October 2010
Piggyback claims settled
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 14 2010
Last year the EAT, in Hartlepool Borough Council v Llewellyn & others, held that a male worker could submit an equal pay claim that was contingent on a female comparator's own equal pay claim being successful
