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Dismissal: intention to terminate must be clear
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 6 2009
Employers who decide to end an employee's employment should ensure that decision is clearly communicated to the employee
Equal pay update
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 6 2009
Employers cannot get an equal pay tribunal claim thrown out simply because the employee has failed to identify his comparators in the written grievance
Inability to carry out common work activities can be disability
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 6 2009
An employee's inability to carry out a work activity that is common to a range of industries is enough to qualify as disabled
TUPE: unfair dismissal where new service provider in different location
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 6 2009
TUPE applied to the retendering of a contract to provide conveyancing services
Working time: employers can designate inactive time as statutory holiday
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- April 6 2009
Workers are not entitled to insist on taking annual leave during periods when they would otherwise be working
Statutory dismissal procedure: timing of step 1 letter
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- April 6 2009
It is not a breach of the statutory dismissal procedure to announce an intention to make an employee redundant prior to sending the step 1 letter
Disciplinary meetings: employees may sometimes be entitled to legal representation
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- April 6 2009
An employee may be entitled to have a lawyer at a disciplinary hearing where the outcome of the hearing could deprive him of any future in that profession
Discrimination: environmental concerns may be protected philosophical belief
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- April 6 2009
Environmental concerns influencing an employee's whole lifestyle can be a philosophical belief, so that discrimination on grounds of that belief is unlawful
Unlawful deduction from wages claim for bonus
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- 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
UK default retirement age: ECJ sends case to High Court to decide lawfulness
- Herbert Smith Freehills LLP
- -
- European Union, United Kingdom
- -
- March 6 2009
The ECJ has ruled that the UK default retirement age is covered by EU age discrimination law but can in theory be justified by legitimate social policy objectives
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- Workarea - Employment & Labor
- Workarea - Litigation
- Author - Andrew Brown
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- Author - John Farr