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Results: 1-10 of 273

Employer could terminate for failure to follow reasonable instructions
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Date of resignation cannot be backdated
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Sleeping-in allowance counts towards minimum wage
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • August 13 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


Holidays and sick pay where are we now?
  • Shepherd & Wedderburn LLP
  • European Union, United Kingdom
  • December 10 2009

From our recent E-Bulletins on the evolving issue of how statutory holiday relates to sick leave, you will know how complex this area has become


Clear language required in COT3 to compromise future claims
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • April 9 2009

One of the advantages of COT3 agreements over compromise agreements is the greater certainty that the COT3 provides when it comes to the employee waiving future statutory claims of which the employee and employer have no (and can have no) knowledge at the time the settlement is agreed


Establishing the effective date of termination (EDT)
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • August 13 2010

Many employers may have faced the situation where notice is given but the employee leaves before the notice period expires


Maximum age for doctors and dentists could be justified
  • Shepherd & Wedderburn LLP
  • European Union, Germany
  • February 11 2010

The ECJ has considered the legality of legislation introducing a maximum age of 68 for doctors and dentists in the German NHS


TUPE and ETO reasons
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • August 13 2010

Dismissals connected to a TUPE transfer will be automatically unfair unless they are for an economic, technical or organisational reason entailing changes in the workforce (an "ETO" reason


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"