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Results: 1-10 of 211

UK: harassment: potential liability for damages to indirect victim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including

UK: disability: Type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of

UK: duty to make reasonable adjustments: employers not fixed with constructive knowledge of disability provided took reasonable steps to investigate

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

An employer's failure to investigate discrepancies in an occupational health report (which found no disability) will not necessarily fix it with

UK: unfair dismissal: in depth investigation of employee’s explanations for misconduct will not always be necessary

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has ruled that the requirement that an employer carry out a reasonable investigation into allegations of misconduct (in order for

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: race discrimination: ‘race’ may encompass caste

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 6 2015

The EAT has confirmed that, although the Equality Act does not yet expressly include caste as a protected characteristic, it is included within the

UK: disability discrimination: automatic non-payment of bonus to employees with absence warning was unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against

Victimisation: failure to pay a tribunal award

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

Post-termination discrimination is unlawful if the conduct has a sufficiently close connection with the employment

Holiday: right to pay in lieu on termination for prior year entitlement

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2009

Employers should make clear that any contractual right to pay in lieu of holiday entitlement on termination only applies to holiday accrued in the final holiday year

Termination: making of PILON effective to terminate

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

Where a contract expressly provides that it can be terminated immediately by making a payment in lieu of notice, the making of the payment is sufficient to lawfully terminate the contract (for contractual purposes) even if the employee is unaware of the payment until later