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Results: 1-10 of 159

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


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


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"


Redundancy during maternity leave: question of "suitable alternative vacancy" to be determined by employer
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • October 14 2010

In the recent case of Simpson v Endsleigh Insurance Services Ltd, the EAT has confirmed that, in the context of a redundancy situation, whether a particular alternative vacancy is suitable for a woman on maternity leave is a question to be determined objectively by the employer, having regard for the employee's personal circumstances


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