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Results: 1-10 of 203

UK: termination: dismissal for tweets from private account may be fair

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

It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee's own time, depending on the facts

UK: termination: need for careful drafting of dismissal letter highlighted

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

Employers should avoid attaching emotive labels when informing employees of the findings of disciplinary panels. The Court of Appeal in

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

UK: whistleblowing: normal jurisdictional test applies for unfair dismissal

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

The usual territorial limits for unfair dismissal claims apply to whistleblowing claims for automatically unfair dismissal or detriment, according to

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

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: Disciplinaries use of external consultants

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

Employers faced with disciplining a senior employee, or those with small workforces, may wish to use an external adviser for part of the disciplinary

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

UK: government acts to limit backdated holiday pay claims with effect from 1 July 2015

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 19 2014

The government has laid regulations before Parliament to impose a two-year limitation on unlawful deductions from wages claims. The regulations come

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