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UK: Restrictive covenants Court of Appeal refuses to correct poor drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 5 2014

A recent case highlights the importance of careful and tailored drafting of covenants. Read literally, a covenant prohibited an ex-employee from

Round-up of UK employment law developments in JulyAugust 2014

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • September 1 2014

The Advocate General of the ECJ has given his opinion rejecting the contention that EU law prohibits discrimination on the ground of obesity per se

Round-up of UK employment law developments in November 2012

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • December 11 2012

UK law may need to be amended to protect employees from dismissal because of their political beliefs or affiliation

UK: disciplinary process: implied right to fair process enforceable by injunction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 7 2014

The Supreme Court has ruled that there is an implied contractual right to a fair disciplinary process, a serious breach of which could enable an

UK: collective redundancy obligations: Woolworths case referred to ECJ

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • March 7 2014

The Court of Appeal has decided to refer to the European Court of Justice the case ofUSDAW v Woolworths on the trigger for collective redundancy

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

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

Round-up of UK employment law developments in December 2013January 2014

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 3 2014

This e-bulletin includes short summaries of the following recent developments. Please contact us if you would like more information. 1. Disciplinary

UK: Disability time limit for reasonable adjustment claim may be affected by employer’s commitment to review decision

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 10 2014

An EAT has ruled that, as the duty to make a reasonable adjustment for a disabled employee is a continuing duty, a failure to comply with that duty

Holiday rights: claim for previous years defeated by payment for holiday accrued in termination year

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

Employers can defeat unlawful deduction claims for prior years' untaken holiday entitlement by making a payment in lieu of holiday entitlement in the year of termination, according to a first instance tribunal decision