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Round-up of employment law developments in May 2013

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 10 2013

It has been reported that the EAT has ruled that the obligation to inform and consult for collective redundancies applies whenever an employer

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

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

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

Round-up of UK employment law developments in April 2013

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 9 2013

Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the

Statutory holiday: employers can refuse holiday requests made on short notice

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

An employer can refuse an employee's request to take statutory holiday where the employee has failed to give the required period of notice

Flexible work: higher hurdle to establish indirect sex discrimination

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

A ruling of the Scottish EAT has reopened the question of whether a woman who chooses to work part-time because she wishes to care for her children, but who could in practice make childcare arrangements to enable her to work full-time, will be able to bring an indirect sex discrimination claim

Post-employment comment: duty to take reasonable care may extend beyond formal references

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 6 2011

Employers should warn staff of the danger of making inaccurate statements about an ex-employee

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

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

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

TUPE: one-off change to salary payment date may require consultation

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 1 2010

Employers involved in a business sale or change of service provider should err on the side of caution when deciding if administrative changes amount to 'measures' about which they must consult

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