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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

UK: ECJ opinion that obesity is not a disability, but severely obese employees may be disabled

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 22 2014

The Advocate General of the European Court of Justice has given his opinion rejecting the contention that EU law prohibits discrimination on the

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

UK: Resignation without notice: deduction from pay lawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 17 2014

The EAT has ruled that it was not an unenforceable penalty for a contract to include a clause deducting a payment equal to the salary for the period

UK: appeal news tribunal fees, unfair dismissal compensation cap, retirement age

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 9 2014

UNISON has been granted permission to appeal to the Court of Appeal in its judicial review application challenging the introduction of tribunal fees

Round-up of UK employment law developments in May 2014

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 6 2014

Employers should review their approach to calculating holiday pay for employees and workers who have fixed normal hours but receive variable payments

UK: employers should review holiday pay following ECJ ruling

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • May 27 2014

Employers should review their approach to calculating holiday pay for employees and workers who have fixed normal hours but receive variable payments

Supreme Court determines that members of limited liability partnerships are workers and therefore able to bring whistleblowing claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 21 2014

The Supreme Court has today handed down its much anticipated decision in Clyde & Co LLP and another v Bates van Winkelhof. In overturning the Court

UK: industrial action: UK prohibition on secondary action upheld; independent review of law

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 9 2014

Employers will welcome news that secondary industrial action, or 'sympathy strikes', remains unlawful despite the RMT's challenge before the European