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Results: 1-10 of 2,778

Contractual requirement to give notice calling for breach to be remedied did not apply to termination for repudiatory breach
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 3 2016

The High Court has found that a notice requirement within a contractual termination clause did not apply where a party terminated at common law


Religious discrimination: discipline for trying to convert a junior colleague was not unlawful
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

A recent EAT ruling makes clear that, while disciplinary sanction for manifesting a religious belief is unlawful, an employer can lawfully discipline


UK: Restrictive covenants: BIS call for evidence; EAT ruling confirms unreasonable restraints cannot be bought
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

As part of an initiative to develop a National Innovation Plan to help make Britain the most attractive place in Europe to start up new businesses


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


UK: TUPE: can apply to part of service split along functional lines
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

The EAT has confirmed that, where a service being provided by a transferor is split along functional lines, with two separate activities carried out


UK: Discipline: raising non-urgent or trivial concerns while an employee is on stress-related sick leave may amount to constructive dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

Employers should consider carefully whether it is necessary to raise disciplinary concerns with an employee while they are absent on stress-related


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


UK: Staff handbooks: absence management procedure trigger was apt for incorporation; need to retain historic versions of electronic handbooks
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

Employers may wish to review their staff handbooks and, in particular, what is included in any section expressly stated to be contractual to the


Court of Appeal construes aggregation provision in minimum terms and conditions of professional indemnity insurance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 28 2016

The Court of Appeal has varied the decision of the High Court in AIG Europe Limited v OC320301 LLP and Others 2015 EWHC 2398 (Comm) and provided


Judicial review challenges: When are you entitled to reasons?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 28 2016

In the recent case of Karen Louise Oakley (Claimant) v South Cambridgeshire District Council (Defendant) & Len Satchell (Interested Party) 2016