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Results: 1-10 of 81

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


Clear language required in COT3 to compromise future claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

One of the advantages of COT3 agreements over compromise agreements is the greater certainty that the COT3 provides when it comes to the employee waiving future statutory claims of which the employee and employer have no (and can have no) knowledge at the time the settlement is agreed


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


How fair is your redundancy process?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The EAT, in the case of E-Zec Medical Transport Services Ltd v Gregory, has held that a redundancy dismissal was unfair where the application of the selection criteria was based on a manager's subjective personal judgement, unsupported by any objective evidence


Tribunal must not substitute its own view for that of the employer
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

This case is a reminder that the tribunal's role in unfair dismissal cases is not to substitute its own view, but to determine whether the decision to dismiss fell within the band of reasonable responses open to the employer


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


Consultation on implementation of Agency Workers Directive
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • May 15 2009

The Agency Workers Directive provides for equal treatment of agency workers after 12 weeks' employment


Consultation on amendments to the Pregnant Workers Directive
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • May 15 2009

The Government is seeking views on the European Commission's proposal to amend the Pregnant Workers Directive


NHS Agenda for Change was not discriminatory
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • May 15 2009

An employment tribunal has, at a pre-hearing review, rejected a challenge to the introduction into the NHS of the "Agenda for Change" (AfC) pay structure and, in particular, the three pay protection arrangements that the Trusts have put in place in order to provide a cushion for employees who would otherwise have suffered a pay reduction (Hartley and others v Northumbria NHS Foundation Trust and others