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Employees can claim constructive dismissal even if employer upholds grievance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 8 2010

An employer who has committed a fundamental breach of an employee's contract cannot prevent the employee claiming constructive dismissal by upholding the employee's grievance about that breach


UK: Disability discrimination: cases highlight recruitment risks for employers in relation to references and interview
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 18 2015

Where a prospective employer receives an unsatisfactory reference about an applicant's suitability for a role, in circumstances where they have been


Round-up of UK employment law developments in NovemberDecember 2015
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 17 2015

Employers should take particular care when applying an attendance management policy to disabled employees. Overruling previous


UK: new FCA and PRA whistleblowing rules
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 8 2015

The FCA and the PRA have both published policy statements on their new rules on whistleblowing: FCA policy statement (PS1524) entitled


Round-up of employment law developments in June 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 3 2012

The government has tabled an amendment to the Enterprise and Regulatory Reform Bill to provide that an offer made or discussion held with an employee with a view to terminating employment by agreement cannot be taken into account in unfair dismissal proceedings


Global employment pensions and incentives bulletin - November 2015
  • Herbert Smith Freehills LLP
  • China, European Union, France, United Arab Emirates, United Kingdom, USA, Germany, Indonesia, Japan, Singapore, Spain, Thailand
  • November 20 2015

With the global economy still in flux and the speed of recovery varying across temporal and geographic dimensions, it is a brave or foolish person


UK: trade unions: draft bill and consultations
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 6 2015

The Trade Union Bill announced in the Queen’s Speech has now been published, revealing further details of the Government’s proposals. In addition to


UK: unfair dismissal: dismissal for attending work smelling of alcohol was unfair given failure to follow policies
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers seeking to dismiss for misconduct should consider carefully whether the behaviour properly falls within the category of gross misconduct


Round-up of UK employment law developments in February 2013
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 11 2013

From 8 March 2013, qualifying employees will be entitled to 18 (instead of 13) weeks' unpaid parental leave per child. The right to request flexible


UK: unfair dismissal: ‘virtual’ employee teleworking from overseas for UK business can bring claim here
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 10 2015

Employers should bear in mind the scope for employees working abroad to bring claims here, even where it has been the employee's choice to relocate