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Round-up of UK employment law developments in July 2015
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • August 6 2015

Employees unable or unwilling to take their 4 weeks’ EU-derived statutory holiday because of sickness absence continuing to the end of the leave year


UK: indirect discrimination: those who suffer alongside a disadvantaged group may bring claims
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • August 6 2015

The ECJ has ruled that the EU concept of indirect discrimination permits claims to be brought by individuals who are not actually part of the


UK: discrimination arising from disability: ‘unfavourable treatment’ test does not require comparison
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 6 2015

The EAT has overturned a tribunal ruling that it was unlawful disability-related discrimination for an ill health early retirement pension to be based


Round-up of UK employment law developments in March 2015
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 7 2015

The new shared parental leave and pay regime came into operation on 5 April 2015 (applying to parents of children expected to be born, or placed for


Unlawful deduction from wages claim for bonus
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 6 2009

An employee may be able to bring a deduction of wages claim for non-payment of bonus, even if elements of the bonus appear to be discretionary


Holiday rights: claim for previous years defeated by payment for holiday accrued in termination year
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2010

Employers can defeat unlawful deduction claims for prior years' untaken holiday entitlement by making a payment in lieu of holiday entitlement in the year of termination, according to a first instance tribunal decision


UK: small business, enterprise and employment act 2015: mandatory gender pay gap reports and zero hours contracts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 8 2015

The Small Business Enterprise and Employment Bill also received Royal Assent on 26 March, though commencement orders will be needed to bring the


ADR practical guide no. 7: mediating employment and workplace disputes
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 22 2015

This is the seventh in our series of ADR practical guides, designed to provide clients with essential practical guidance on various processes falling


UK: women on boards: Voluntary Code for Executive Search firms March 2014 review
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 6 2014

In a review of the Voluntary Code of Conduct for Executive Search firms, published on 4 March 2014, Charlotte Sweeney considers whether the Code


Termination: pay in lieu entitlement did not include bonus payable only if employed for notice period
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 23 2010

The Court of Appeal has ruled that, where a payment in lieu clause was silent as to what it included, an employer operating the clause was not obliged to pay a bonus which would have become due during the notice period