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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


Costly age discrimination claim succeeds against NHS
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • June 11 2010

A 60-year-old lady has been awarded £187,000 compensation after being passed over for promotion by Leeds Teaching Hospitals NHS Trust


Employer faces jail for perjury in the tribunal
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


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


Industrial action - frequently asked questions
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • September 17 2009

Industrial action has been back in the news


Controlling shareholder can be an employee
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • April 9 2009

The Court of Appeal has confirmed that a shareholder and director of a company can also be an employee of the company, even in circumstances where their shareholding gives them total control over the company


Failure to make reasonable adjustments can render a dismissal unlawful
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act


Service-related pay must be objectively justified
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • November 17 2009

In Wilson v Health and Safety Executive, the Court of Appeal has considered the circumstances in which an employer may be able to justify the use of length of service as a criterion when setting levels of pay


Contract enforceable where employee did not knowingly participate in illegality
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • February 11 2010

In the case of San Ling Chinese Medicine Centre v Lian Wei Ji, the employer tried to argue that the employee's employment contract was illegal and, therefore, that a tribunal had no jurisdiction to hear her unfair dismissal claim