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Employer could terminate for failure to follow reasonable instructions

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd

Employer faces jail for perjury in the tribunal

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings

Protection of volunteers - discrimination and unfair dismissal

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal

Date of resignation cannot be backdated

Shepherd & Wedderburn LLP
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United Kingdom
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July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined

TUPE update

Shepherd & Wedderburn LLP
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United Kingdom
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October 14 2010

In this update on recent cases dealing with issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), we report on an EAT decision on what amounts to "measures", requiring information and consultation of employees and a decision that a temporary cessation of activities did not prevent a TUPE transfer

Dismissal based on unproven allegations can be fair

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2010

The EAT has held that a public authority fairly dismissed a career civil servant in reliance on a police disclosure relating to alleged sexual abuse of children, even though the alleged conduct had not been proven and did not have a direct relationship with the employee's work (A v B

Distinction between legitimate management instruction and punishment

Shepherd & Wedderburn LLP
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United Kingdom
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February 11 2010

The EAT has drawn a distinction between a legitimate management instruction and a punishment in a claim for constructive dismissal

Risks of starting the wrong procedure

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2010

In Sarkar v West London Mental Health NHS Trust (the Trust), the Court of Appeal has held that an employee's dismissal for gross misconduct was unfair in circumstances where the employer had initially been prepared to deal with the conduct as a minor matter

Overseas employees on fixed-term contracts may claim unfair dismissal in the UK

Shepherd & Wedderburn LLP
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United Kingdom
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January 14 2010

The Court of Appeal has held that overseas employees who have never worked in Great Britain are subject to the protection of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and may bring an unfair dismissal claim in the UK (Duncombe and others v Secretary of state for Children Schools and Families

Garden leave: no obligation to provide work where employee in breach of duty of good faith

Shepherd & Wedderburn LLP
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United Kingdom
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January 14 2010

In Standard Life Health Care Ltd v Gorman and others, the Court of Appeal upheld an injunction (interdict) preventing agents who were paid on a commission only basis from joining a competitor until the end of their notice periods