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Results: 1-10 of 80

Failure to make reasonable adjustments can render a dismissal unlawful
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act


Mistake results in part-timer receiving full-time salary
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Barclays Bank discovered one day that one of its part-time employees, Mrs Keenan, had been receiving salary at the full-time rate for a number of years


Wide definition of service provision changes under TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The EAT has held in Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and Martin Cambridge & others that, where the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor, this will amount to a service provision change


Holidays and sick leave: what employers need to know
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave


Consultant was in breach of confidentiality obligations
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The High Court has held that a consultant was in breach of obligations of confidentiality to a former client, when he misused confidential information to develop a competing product for another party (Vestergaard Frandsen AS and others v Bestnet Europe Limited and others


ACAS discussion paper on Agency Workers' Directive
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009


Early review of default retirement age
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010


Sleeping-in allowance counts towards minimum wage
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty


Meaning of "likely" under the DDA
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle


TUPE and insolvency
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd