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Results: 1-10 of 81

Equal pay and "piggyback" claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses


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


Reinstatement relevant factors
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Employment tribunals have a wide discretion when considering whether to make an order for reinstatement, but they are required by Section 116 of the Employment Rights Act 1996 to take into account the following: whether the complainant wishes to be reinstated; whether it is practicable for the employer to comply with an order for reinstatement; and where the complainant caused or contributed to his dismissal whether it would be just to order his reinstatement


Misrepresentation and pre-employment medical questionnaires
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation


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


EAT confirms test for constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The EAT has confirmed that the "band of reasonable responses" test does not apply to the question of whether an employer has committed a fundamental breach of contract, entitling an employee to resign and claim constructive dismissal (Bournemouth University Higher Education Corporation v Buckland


Failure to pay damages can be victimisation
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

In the case of Rank Nemo (DS) Limited & others v Coutinho, the Court of Appeal has confirmed that an employment tribunal can hear a claim for victimisation based upon non-payment of a tribunal award


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


Payment in lieu of notice did not waive employer's right to terminate for gross misconduct
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

In the case of Benveniste v Kingston University, the EAT has confirmed that by mistakenly paying in lieu of notice, the employer did not waive its right to rely on the employee's gross misconduct and dismiss her summarily


EAT confirms requirement to consult collectively over reasons for closure
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The EAT has held, in the case of United States of America v S Nolan, that the USA had failed properly to consult representatives about the closure of one of its army bases in the UK