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Here are some New Year resolutions that you really ought to keep

Shepherd & Wedderburn LLP
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United Kingdom
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January 15 2009

You may be weakening in your resolve to visit the gym every morning, walk past the bun shop and abstain from alcohol this month, but here are four New Year resolutions that as an HR professional you really ought to keep

Compensation for unfair dismissal does not include loss for breach of trust and confidence

Shepherd & Wedderburn LLP
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United Kingdom
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February 26 2008

The Court of Appeal in GAB Robins (UK) Limited v Triggs 2008 has held that an employee can only be compensated by an employment tribunal for loss sustained in "consequence of the dismissal" as provided for by s.123 Employment Rights Act 1996 and that loss flowing from wrongs already inflicted upon her by the employer's prior conduct could not be taken into account

Agency workers not employees of end user

Shepherd & Wedderburn LLP
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United Kingdom
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February 26 2008

The Court of Appeal has held in the case of James v London Borough of Greenwich that an agency worker was not employed by the end user client to whom she was supplied, and that a contract of employment should only be implied between the agency worker and the end user where it is necessary to do so to reflect the business reality of the relationship

TUPE does not transfer liabilities that arise after the transfer date

Shepherd & Wedderburn LLP
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United Kingdom
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February 26 2008

The EAT has held in Coutinho v Vision Information Services (UK) Ltd and Rank Nemo (DMS) Ltd that liabilities that arise after the transfer date in the transfer of an undertaking do not transfer to the transferee

Clarification of extended deadline for ET claims

Shepherd & Wedderburn LLP
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United Kingdom
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February 26 2008

The EAT in Joshi v Manchester City Council 2008 has clarified how the length of the statutory extension of time for presenting Employment Tribunal claims under Regulation 15(1) of the Employment Act (Dispute Resolution) Regulations 2004 should be calculated

No entitlement to sick pay during maternity leave

Shepherd & Wedderburn LLP
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United Kingdom
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February 26 2008

In Department of Work and Pensions (DWP) v Sutcliffe the EAT held that an employee certified as sick during her ordinary maternity leave period was not, during this period, entitled to claim any contractual sick pay

Success at the EAT in landmark TUPE case

Shepherd & Wedderburn LLP
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United Kingdom
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January 22 2009

Shepherd and Wedderburn has acted for City Building (Glasgow) LLP, one of Scotland's largest construction companies, in a successful appeal to the Employment Appeal Tribunal (EAT

Partner's compulsory retirement not justified

Shepherd & Wedderburn LLP
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United Kingdom
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January 28 2009

The EAT, in the case of Seldon v Clarkson, Wright & Jakes, has confirmed that an employer may be able to justify mandatory retirement of non-employees at age 65