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Careless talk, costs, lies
- Squire Sanders
- -
- United Kingdom
- -
- 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
- -
- Spain, United Kingdom
- -
- 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
- -
- European Union, United Kingdom
- -
- 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
Do employees have the right to be legally represented at disciplinary hearings?
- Squire Sanders
- -
- United Kingdom
- -
- 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
- -
- United Kingdom
- -
- 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
- -
- 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
- -
- United Kingdom
- -
- 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
Terminating a pregnant worker’s employment during the probationary period
- Squire Sanders
- -
- Spain, United Kingdom
- -
- 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
Exercise care when drafting discretionary bonus schemes
- Squire Sanders
- -
- United Kingdom
- -
- March 31 2009
If employers wish to retain a wide discretion when it comes to paying bonus payments they need to be very clear about which elements of the scheme are discretionary merely using the word "discretionary" will not be sufficient to avoid the risk of a claim
No intent to harm required for claims for moral harassment under French law
- Squire Sanders
- -
- United Kingdom
- -
- December 22 2009
On 10 November 2009, a landmark case was handed down by the French Supreme Court ("Cour de cassation") which has significantly opened the way for future claims for moral harassment ("harcèlement moral") in France
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- Workarea - Litigation
- Workarea - Employment & Labor
- Firm Name - Squire Sanders
- Jurisdiction - United Kingdom
- Author - Sue Nickson
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