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Results: 1-10 of 146

Employees can claim constructive dismissal even if employer upholds grievance

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

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

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

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

Unfair dismissal: importance of warnings, dismissal for relationship breakdown and home computer use

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 5 2011

Employers should consider whether there are any serious concerns about the appropriateness of a live, final disciplinary warning before relying on it to dismiss for subsequent misconduct

Multiple discrimination: indirect discrimination on combined grounds of sex and race unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 4 2009

A policy which indirectly discriminates on combined grounds of sex and race is unlawful, even where it would not be unlawful on either ground alone, according to the EAT

Termination: pay in lieu entitlement did not include bonus payable only if employed for notice period

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 23 2010

The Court of Appeal has ruled that, where a payment in lieu clause was silent as to what it included, an employer operating the clause was not obliged to pay a bonus which would have become due during the notice period

Compromise agreements: public sector employer's payment of more than potential litigation award not ultra vires

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 9 2010

Overturning a High Court ruling, the Court of Appeal has decided that an NHS Trust's termination payment was not ultra vires even though it exceeded the maximum the employee could be awarded had she gone to tribunal

Round-up of employment law developments in April 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 1 2012

In Seldon v Clarkson Wright and Jakes the Supreme Court has confirmed that employers need to give careful consideration when seeking to justify mandatory retirement ages

Whistleblowing: subjecting workers to detriment for whistleblowing in previous job is unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2010

It is unlawful to subject a worker to detriment or dismissal because they made a protected disclosure whilst working for a previous employer

Disability discrimination: relocation can be reasonable adjustment

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 5 2010

An employer may lawfully refuse to make adjustments to accommodate a disabled employee at their existing workplace if the adjustments can best be achieved at another workplace which is nearby, at least if the employee is subject to a mobility clause and has worked at a number of locations

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