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Results: 1-10 of 208

UK: state and diplomatic immunity: Court of Appeal rules on employment claims

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

The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered

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

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

TUPE: no application where full canteen service replaced by sandwich service

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 2 2009

TUPE will only apply to a service provision change where the activities remain fundamentally or essentially the same post-transfer

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

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

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

UK: evidence at employment tribunals: covert recordings admissible

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 11 2014

Employers should ensure managers holding or attending disciplinary or grievance hearings with an employee are aware of the risk of making

Round-up of UK employment law developments in September 2014

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 6 2014

Employment Tribunals now have the power to order an employer who has breached equal pay law to carry out an equal pay audit and publish the audit on