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Careless talk, costs, lies

Squire Sanders
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United Kingdom
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May 28 2009

In Daleside Nursing Home v Matthew the Employment Appeal Tribunal decided earlier this year that an Employment Tribunal should have considered a costs award on the grounds of unreasonable behaviour against a Claimant found to have lied about a central plank of her allegations

Swearing at your boss may be OK in Spain!

Squire Sanders
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Spain, United Kingdom
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October 29 2009

Following a decision by Catalunya’s Superior Court of Justice earlier in the year, it seems that serious verbal abuse of a more senior colleague may not always be a ground for dismissal

“Having a sickly time. weather awful...”

Squire Sanders
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European Union, United Kingdom
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October 29 2009

The recent European Court of Justice decision in Pereda v Madrid Movilidad SA that a worker who is sick during his statutory annual leave is entitled to take a replacement period of leave at a later date (even outside the current leave year) has caused much consternation amongst employers and HR teams in particular, not the least because of the potential for abuse and the additional cost implications

French Supreme Court seeks to curtail employers’ discretion

Squire Sanders
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France
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June 26 2009

The Employment Chamber of the French Supreme Court recently ruled that whilst employers retain the right to grant bonuses to some employees and not others, any difference in treatment must be justified in an objective manner

Do employees have the right to be legally represented at disciplinary hearings?

Squire Sanders
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United Kingdom
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March 31 2009

Possibly, but only if you are a public sector employer and the charges against the employee are sufficiently serious

Be clear about the termination date

Squire Sanders
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United Kingdom
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April 23 2009

Negotiations over the terms of a Compromise Agreement can sometimes become protracted and the proposed termination date set out in the draft Agreement may come and go

‘Associative discrimination’ latest developments

Squire Sanders
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United Kingdom
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November 25 2009

Employers and HR staff will no doubt recall the case concerning Sharon Coleman and her former employer Attridge Law in which Ms Coleman alleged that she had been discriminated against for trying to take time off to care for her disabled son

Employment

Squire Sanders
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United Kingdom
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December 22 2009

In what is a potentially worrying development for employers, the Employment Appeal Tribunal held last week in Industrious Limited v (1) Horizon Recruitment Limited (in liquidation) (2) Vincent that an Employment Tribunal has the jurisdiction to determine whether or not an otherwise validly entered into compromise agreement can be set aside because of misrepresentation, i.e. a false statement made by the employer which induces the employee to sign up where he would not otherwise have done so

French court outlaws snooping

Squire Sanders
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France
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April 23 2009

In a recent case the French Supreme Court ruled that unless there are exceptional circumstances, such as a bomb scare, employers have no legal right to search the contents of their employees’ bags unless they have given their prior consent

Terminating a pregnant worker’s employment during the probationary period

Squire Sanders
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Spain, United Kingdom
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December 22 2009

Under Spanish law, the dismissal of a pregnant employee will generally be found to be invalid, with the consequent obligation on the employer to reinstate the employee to her job and to pay her the wages that would have been due to her from the dismissal until the date of the judgment