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Results: 1-10 of 189

UK: Disability: scope of duty to make reasonable adjustments

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 17 2014

The Court of Appeal has confirmed that neither EU nor UK law impose on an employer a duty to make reasonable adjustments for disablity to accommodate

UK: Resignation without notice: deduction from pay lawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 17 2014

The EAT has ruled that it was not an unenforceable penalty for a contract to include a clause deducting a payment equal to the salary for the period

UK: ECJ opinion that obesity is not a disability, but severely obese employees may be disabled

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 22 2014

The Advocate General of the European Court of Justice has given his opinion rejecting the contention that EU law prohibits discrimination on the

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

Contractual disciplinary procedure: employees can claim for loss caused by breach

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

An employee can claim damages for loss caused by an employer's breach of a contractual disciplinary procedure

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

Statutory holiday: contractual clause for nominal pay in lieu on termination invalid

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

An employment tribunal has held that payments in lieu of untaken statutory holiday on termination of employment must be calculated to reflect normal

Disability: employers should consider adjustments before dismissing

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 5 2009

The duty to make reasonable adjustments may require an employer to take steps to avoid the dismissal of a disabled employee, such as permit a phased return to work

Redundancy: offering vacancies to employees on maternity leave

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

Where the job of an employee on maternity leave is made redundant, an employer must offer her (rather than simply invite her to apply for) any suitable alternative vacancy for which the role, location and other terms are not substantially less favourable

Round-up of employment law developments in February 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2012

Employees who live in Britain and commute to work abroad may have unfair dismissal rights in Britain, particularly if the employment contract is governed by British employment law and the employee has been reassured that he will retain British employment law rights