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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


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


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"


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


Stigma damages
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

The EAT decision in Brown v Careham Hall confirms that stigma damages will only be awarded where the employee's difficulties in finding new work are attributable to the dismissal


Employee status - no intention to mislead required
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 17 2009

The Court of Appeal has confirmed that, where an individual alleges that a written contract does not reflect their true employment status, the tribunals should focus on the actual legal obligations of the parties


Overseas employees on fixed-term contracts may claim unfair dismissal in the UK
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

The Court of Appeal has held that overseas employees who have never worked in Great Britain are subject to the protection of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and may bring an unfair dismissal claim in the UK (Duncombe and others v Secretary of state for Children Schools and Families


Damages for "stigma" loss flowing from the pursuit of a claim
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

The Court of Appeal has held, in the case of Chagger v Abbey National plc, that an employer who unlawfully discriminates in dismissing an employee can be liable for compensation reflecting the stigmatising consequences of the dismissal and the proceedings, for example where the employee finds it difficult to get new employment because he is suing his former employer


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