We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 80

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


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


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


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


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


Sham contract does not require intention to mislead a third party
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

The Court of Appeal has held, in the case of Protectacoat Firthglow Limited v Szilagyi, that it is not necessary for there to be a common intention to deceive third parties in order for a court or tribunal to find that contractual arrangements amount to a sham


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


2009 Budget report
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • May 15 2009

There is to be a one-off increase from £350 to £380 in the maximum week's pay that can be taken into account for the purposes of calculating statutory redundancy pay