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Results: 1-10 of 422

UK: unfair dismissal: dismissal for attending work smelling of alcohol was unfair given failure to follow policies
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers seeking to dismiss for misconduct should consider carefully whether the behaviour properly falls within the category of gross misconduct


UK: contractual duties: no implied duty to disclose allegations of own misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers wishing to ensure employees are subject to a duty to disclose allegations of sexual or other misconduct outside of that employment should


UK: working time: Advocate-General opinion that travel to and from home may count as working time for peripatetic workers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no


UK: review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCAPRA whistleblowing proposals
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see here


UK: government announcements: consultation on gender pay gap reporting imminent, tribunal fee review and delay to new tax-free childcare scheme
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The Government has committed in legislation to make regulations by March 2016 for mandatory gender pay reporting for larger employers, but the


UK: unfair dismissal: in depth investigation of employee’s explanations for misconduct will not always be necessary
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

The Court of Appeal has ruled that the requirement that an employer carry out a reasonable investigation into allegations of misconduct (in order for


UK: TUPE: SPC despite service being provided to more than one client
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 8 2015

The EAT has ruled that there can theoretically be a change of service provider covered by TUPE even where the service is provided to more than one


UK disciplinary and grievance procedures: changes to ACAS code
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 21 2015

In December 2013 ACAS consulted on changes to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT ruling in Toal v GB


Holiday pay: Northern Irish ruling that employers may need to include voluntary overtime pay in calculation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be


UK: indirect discrimination: claimants must show why disadvantage arises for protected group
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers will welcome a Court of Appeal ruling that it is not enough for claimants seeking to establish indirect discrimination to produce