We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 263

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


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


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


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"


Employer faces jail for perjury in the tribunal
  • Shepherd and 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


Mistake results in part-timer receiving full-time salary
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 10 2009

Barclays Bank discovered one day that one of its part-time employees, Mrs Keenan, had been receiving salary at the full-time rate for a number of years


TUPE: mobility clauses and material detriment
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 17 2009

In Tapere v South London and Maudsley NHS Trust, the EAT has given guidance on the operation of mobility clauses in the context of a TUPE transfer and considered the application of Regulation 4(9) of TUPE 2006, which deems employees to have been dismissed if, as a result of a transfer, they suffer a substantial change to their working conditions, to their material detriment


Employer not penalised for mistaken belief about the application of TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 12 2009

Not the main dispute between the Royal Mail and trade unions but an interesting sideshow nevertheless and another victory for the employer: the Court of Appeal has upheld the EAT's decision in Royal Mail Group Ltd v Communication Workers Union, that an employer which genuinely but mistakenly believes that employees will not transfer under TUPE will not automatically be in breach of the requirement under TUPE to inform and consult for providing what turns out to be incorrect information


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


Costly age discrimination claim succeeds against NHS
  • Shepherd and 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