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Results: 1-10 of 273

Employer could terminate for failure to follow reasonable instructions
  • Shepherd and 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


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and 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


Date of resignation cannot be backdated
  • Shepherd and 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


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and 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"


Moving a disabled employee to an alternative workplace can be a reasonable adjustment
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

In order to make reasonable adjustments for a disabled store manager, as required under the Disability Discrimination Act, the employer proposed moving the manager to a different store, invoking a mobility clause in her contract of employment


Misrepresentation and pre-employment medical questionnaires
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

The High Court has rejected a local council's claim for £1m in damages against its former managing director and held that her failure to mention her history of stress and depression in her pre-employment medical questionnaire did not amount to fraudulent and negligent misrepresentation


Equal pay and "piggyback" claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses


Court of Appeal holds church vicariously liable for priest's abuse
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

In Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church, the Court of Appeal held that the sexual abuse of a child was so closely connected with a priest's employment that it would be fair and just to hold the Archdiocese, his employer, vicariously liable


Establishing the effective date of termination (EDT)
  • Shepherd and 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


Damages for breach of contractual disciplinary procedure not limited to notice period
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2010

The Court of Appeal has held that an employee can, in principle, recover damages for loss of future employment prospects caused by an employer's breach of a contractual disciplinary procedure (Edwards v Chesterfield Royal Hospital NHS Foundation Trust