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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


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


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


Wide definition of service provision changes under TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The EAT has held in Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and Martin Cambridge & others that, where the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor, this will amount to a service provision change


Mistake results in part-timer receiving full-time salary
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Barclays Bank discovered one day that one of its part-time employees, Mrs Keenan, had been receiving salary at the full-time rate for a number of years


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


Terminating agency workers in a downturn what will change when the Agency Workers Directive is implemented?
  • Shepherd and 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 and 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


Immigration and race discrimination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

The decision by a UK law firm to reject a job application on the grounds that the applicant for the job did not have permission to work in the UK has been held by the EAT to constitute indirect race discrimination