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Results: 1-10 of 1,095

Tort of inducement to breach of contract requires actual knowledge and an intention to interfere
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 23 2007

The House of Lords (HL) has delivered a significant decision on the scope of economic torts and, in particular, the distinction between the tort of procuring a breach of contract and the tort of unlawful interference


UK: Whistleblowing: employers face uphill struggle to strike out claims for lack of “public interest”
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

A recent EAT ruling has highlighted that, in many cases, the prospects of striking out a whistleblowing claim at a preliminary hearing on the basis of


TUPE can apply to offshoring
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 11 2008

When a retailer considers transferring a UK business, or relocating a service currently provided in the UK, to a location outside the UK, it will need to identify the employment law consequences of the proposal at the outset


Retention of title clauses
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 28 2013

It is common in construction projects for goods and materials to be present on site before incorporation in the Works and sometimes quite large


UK: Vicarious liability: Supreme Court’s broad application of “close connection” test means employers more likely to be liable for employee misbehaviour
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 17 2016

Employers could be held vicariously liable for staff misbehaviour in a broader range of situations following the Supreme Court ruling in Mohamud v WM


UK: Unfair dismissal: “taking a sickie” is gross misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee


Employers may take expired disciplinary warnings into account in some circumstances
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2008

An employer can take into account prior misconduct for which a disciplinary warning has expired when deciding whether to dismiss for similar misconduct, if that misconduct in itself warrants dismissal


Offset of rolled-up holiday pay
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 3 2008

Payments of rolled-up holiday pay can be set off against an employee's entitlement to statutory paid holiday even though the precise amount of salary allocated to holiday pay is not identified upfront in an employment contract


"No show" clause held to be enforceable
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 5 2008

An employer may be able to enforce a "no show" clause requiring a prospective employee to pay an agreed sum if he fails to start his new employment, provided the purpose of the clause is to compensate loss rather than deter breach


Parent company's responsibility for the safety of its subsidiary's employees
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 9 2012

In a judgment handed down on 25 April 2012, the Court of Appeal held that a parent company owed a duty of care to an employee of its subsidiary company where the employee suffered asbestosis as a result of exposure to asbestos in the workplace