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Withholding discretionary bonuses
- Shepherd & Wedderburn LLP
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- United Kingdom
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- November 12 2010
In Humphreys v Norilsk Nickel International (UK) Ltd, the High Court has held that an employer did not act irrationally in determining that no bonus was due under a discretionary performance bonus scheme
Interrupted rest breaks are not "on-call time" requiring payment
- Shepherd & Wedderburn LLP
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- United Kingdom
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- November 12 2010
In the case of Martin v Southern Health & Social Care Trust, the Northern Ireland Court of Appeal (NICA) ruled that, although a nurse's rest breaks during night shift were often interrupted due to medical emergencies or other more mundane administrative matters, this did not mean that those rest breaks amounted to "on-call time" for which she was entitled to be paid
What constitutes a valid settlement through ACAS?
- Shepherd & Wedderburn LLP
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- United Kingdom
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- November 11 2010
The EAT has handed down its decision in Allma Construction v Bonner, confirming that, in deciding whether a valid settlement has been concluded through ACAS, it is irrelevant whether the ACAS officer believes that a settlement has been reached or whether a written agreement has actually been documented
ECJ gives clues on how to justify a retirement age
- Shepherd & Wedderburn LLP
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- European Union, United Kingdom
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- November 11 2010
The ECJ has given an important ruling in the case of Rosenblatt v Oellerking, which will be of interest to UK employers who wish to retain a compulsory retirement age after the abolition of the default retirement age on 1 October 2011
ECJ rules Spanish legislation on time off for breastfeeding discriminates against men
- Shepherd & Wedderburn LLP
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- European Union, Spain
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- November 11 2010
The ECJ has held that Spanish legislation permitting employees to take time off to feed a baby breaches the Equal Treatment Directive
Acquired Rights Directive applies to transfers by non-contractual employer
- Shepherd & Wedderburn LLP
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- European Union, United Kingdom
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- November 11 2010
The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest
Associative pregnancy discrimination not prohibited by the Sex Discrimination Act
- Shepherd & Wedderburn LLP
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- United Kingdom
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- November 11 2010
In the case of Kulikaoskas v MacDuff Shellfish and another, a man who argued that he was dismissed because of his association with his pregnant partner could not pursue a pregnancy discrimination claim under the SDA
A dismissal letter is only effective when the employee actually reads it
- Shepherd & Wedderburn LLP
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- United Kingdom
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- November 11 2010
The Supreme Court has confirmed, in the case of Gisda Cyf v Barratt, that the effective date of termination (EDT) of Mrs Barratt's employment was the date on which she actually read her dismissal letter and not the date, four days earlier, on which it was delivered
Office gossip can amount to sex discrimination and harassment
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In Nixon v Ross Coates Solicitors the EAT held that gossip about an employee's pregnancy can amount to pregnancy discrimination and sex harassment
Redundancy during maternity leave: question of "suitable alternative vacancy" to be determined by employer
- Shepherd & Wedderburn LLP
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- United Kingdom
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- October 14 2010
In the recent case of Simpson v Endsleigh Insurance Services Ltd, the EAT has confirmed that, in the context of a redundancy situation, whether a particular alternative vacancy is suitable for a woman on maternity leave is a question to be determined objectively by the employer, having regard for the employee's personal circumstances
Current Search
- Workarea - Employment & Labor
- Workarea - Litigation
- Author - Blair Adams