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Compensation paid to compromise tribunal claims was taxable
  • Shepherd & 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


Failure to make reasonable adjustments can render a dismissal unlawful
  • Shepherd & 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


Clear language required in COT3 to compromise future claims
  • Shepherd & 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 & 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


Holidays and sick leave: what employers need to know
  • Shepherd & 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


Head teacher wins stress claim as result of actions of school's governing body
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • May 15 2009

The High Court, in the case of Connor v Surrey County Council, has awarded damages of around £400,000 to a head teacher in respect of the stress she suffered as a result of the actions of members of her school's governing body


Carol Thatcher: fair cop or thought police victim?
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • February 17 2009

The events that led the BBC to sever its relationship with Carol Thatcher have parallels in every workplace and are a reminder of some of the basic issues of discrimination law


Information Commissioner orders council to disclose job application forms
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • February 17 2009

The Information Commissioner has issued a decision notice ordering a local authority to disclose a summary of data on the job application forms of other candidates, including the successful applicants, or alternatively copies of their application forms with personal data removed


Terminating agency workers in a downturn what will change when the Agency Workers Directive is implemented?
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • March 12 2009

BMW was criticised for being opportunist when it recently terminated the engagement of a large number of agency workers at its Mini manufacturing plant in Cowley, Oxford, giving them only one hour's notice


ECJ confirms that the UK compulsory retirement age is capable of justification
  • Shepherd & Wedderburn LLP
  • European Union, United Kingdom
  • March 6 2009

The European Court of Justice (ECJ) has confirmed that the compulsory retirement provisions of the Age Discrimination Regulations are capable of being justified