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TUPE update
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

Recent decisions of the EAT have considered (1) whether TUPE applies where services are fragmented following a re-tendering exercise and (2) how collectively agreed terms apply post-transfer


Employment terminated on the date that pay was stopped
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • May 15 2009

The Court of Appeal has held that stopping an employee's pay while he was suspended on full pay demonstrated a clear intention to terminate his employment


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


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


Working time opt-out
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • March 13 2009

The European Commission has rejected the European Parliament's proposal to discontinue the opt-out from the maximum average 48-hour week


Religious discrimination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

The EAT has held in Chondol v Liverpool City Council that dismissing an employee for inappropriately promoting his or her religious beliefs to clients is not the same as dismissal on the grounds of the employee's religion or belief and as such does not amount to religious discrimination


Offshore workers lose holiday claim in the Employment Appeal Tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The EAT has held that offshore workers can be required to take their annual holiday entitlement under the Working Time Regulations (WTR) during onshore field breaks (Craig and others v Transocean International Resources Ltd and others


Compensation paid to compromise tribunal claims was taxable
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The Special Commissioner has held that a payment made to a former employee was chargeable to tax as a termination payment under section 401 of the Income Tax (Earnings and Pensions) Act 2003


Pensions and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

In Roberts v Aegon, the EAT has held that when calculating compensation for unfair dismissal, loss of earnings and pension loss can be approached differently


Individual not a worker where contract permitted unlimited substitution
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • May 15 2009

Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza