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Dismissal: intention to terminate must be clear

Herbert Smith Freehills LLP
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United Kingdom
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May 6 2009

Employers who decide to end an employee's employment should ensure that decision is clearly communicated to the employee

Holiday during sick leave: House of Lords ruling

Herbert Smith Freehills LLP
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United Kingdom
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August 5 2009

The House of Lords' decision concerning holiday rights while off sick was covered in our special 12 June e-bulletin

Misrepresentation: drafting of pre-employment questionnaire is key

Herbert Smith Freehills LLP
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United Kingdom
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August 5 2009

An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage

Equal pay update

Herbert Smith Freehills LLP
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United Kingdom
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May 6 2009

Employers cannot get an equal pay tribunal claim thrown out simply because the employee has failed to identify his comparators in the written grievance

Inability to carry out common work activities can be disability

Herbert Smith Freehills LLP
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United Kingdom
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May 6 2009

An employee's inability to carry out a work activity that is common to a range of industries is enough to qualify as disabled

TUPE: unfair dismissal where new service provider in different location

Herbert Smith Freehills LLP
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United Kingdom
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May 6 2009

TUPE applied to the retendering of a contract to provide conveyancing services

Round-up of employment law developments: August 2009

Herbert Smith Freehills LLP
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United Kingdom
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September 9 2009

Direct race discrimination is unlawful, even if the employer is acting with the best of intentions

Contractual disciplinary procedure: employees can claim for loss caused by breach

Herbert Smith Freehills LLP
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United Kingdom
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July 5 2010

An employee can claim damages for loss caused by an employer's breach of a contractual disciplinary procedure

Disciplinaries: timing, scope of investigation, relevance of prior incident

Herbert Smith Freehills LLP
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United Kingdom
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July 5 2010

Three recent decisions clarify a number of points concerning disciplinaries

Team moves: springboard injunction to protect workforce

Herbert Smith Freehills LLP
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United Kingdom
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June 5 2009

Two recent cases are the first examples of an employer obtaining a springboard injunction to prevent a competitor poaching employees (rather than clients

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