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Disability discrimination: associative discrimination prohibited; voluntary workers without contract not protected

Herbert Smith Freehills LLP
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European Union, United Kingdom
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December 4 2009

The EAT has upheld a tribunal ruling that UK disability discrimination law can be construed to comply with ECJ case law prohibiting discrimination on the grounds of association with a disabled person

Recent TUPE cases: transfer of union recognition and post-transfer dismissals

Herbert Smith Freehills LLP
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United Kingdom
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August 9 2010

On a TUPE transfer, trade union recognition only transfers if the transferred entity maintains an identity distinct from the rest of the transferee's undertaking

Disciplinary rules: defining minor misconduct as gross misconduct will not make dismissal fair

Herbert Smith Freehills LLP
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United Kingdom
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February 5 2010

Setting out examples of acts which employers consider to be gross misconduct (as recommended by the 2009 Acas Code) can be helpful when it comes to justifying dismissal for such acts, but it is not the whole story

Unlawful deduction from wages claim for bonus

Herbert Smith Freehills LLP
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United Kingdom
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March 6 2009

An employee may be able to bring a deduction of wages claim for non-payment of bonus, even if elements of the bonus appear to be discretionary

Employees can claim constructive dismissal even if employer upholds grievance

Herbert Smith Freehills LLP
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United Kingdom
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March 8 2010

An employer who has committed a fundamental breach of an employee's contract cannot prevent the employee claiming constructive dismissal by upholding the employee's grievance about that breach

Employees abroad: extension to unfair dismissal and discrimination rights

Herbert Smith Freehills LLP
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United Kingdom
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August 9 2010

Recent cases have extended the availability of British employment law rights to employees working overseas

Suspected gross misconduct: employers not acting immediately should reserve their position

Herbert Smith Freehills LLP
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United Kingdom
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August 5 2009

An employer who suspects that an employee has committed a repudiatory breach of contract should either begin the disciplinary process without delay or expressly reserve its position regarding future disciplinary proceedings

Disability discrimination: limits on reasonable adjustments

Herbert Smith Freehills LLP
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United Kingdom
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April 5 2011

An employer is only required to make reasonable adjustments to enable a disabled employee to remain in employment, not to enable them to leave on advantageous terms

Round-up of employment law developments in July 2012

Herbert Smith Freehills LLP
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United Kingdom
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August 3 2012

Statutory holiday: employees unable to take holiday due to sick leave can carry it over into a new year without express request

Compensation: career-long loss and apportionment of discrimination damages

Herbert Smith Freehills LLP
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United Kingdom
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June 7 2011

In most cases, future loss of earnings should only be awarded until an employee is likely to obtain an equivalent job; career-long compensation will only be appropriate where there is no real prospect of the employee ever securing an equivalent job

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