Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The EAT has held that an employer has a wide measure of flexibility in determining the pools for selection in a redundancy process (Lomond Motors Ltd v Clark).
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust, the Court of Appeal has held that in certain circumstances an individual may have the right to be legally represented at an internal disciplinary hearing.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The Government has recently announced that it will bring forward its proposed review of the default retirement age under the Age Discrimination Regulations from 2011 to 2010.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The Equality Bill continues to progress through Parliament towards an implementation date in 2010.
Shepherd and Wedderburn LLP | United Kingdom | 13 Aug 2009
The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle).