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Results: 1-10 of 170

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


Discretionary bonuses practice and law diverge
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The High Court has held that employers cannot refuse to pay a discretionary bonus by relying on previous practice or alleged City or industry custom (Rutherford v Seymour Pierce Limited


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


When is an employer exempt from the duty to make reasonable adjustments?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

The DDA provides that an employer is not required to make reasonable adjustments to a provision, criterion or practice (PCP) where the employer does not know, and could not reasonably be expected to know, that the person is disabled and likely to be placed at a disadvantage in relation to the PCP


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


Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence


Interrupted rest breaks are not "on-call time" requiring payment
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 12 2010

In the case of Martin v Southern Health & Social Care Trust, the Northern Ireland Court of Appeal (NICA) ruled that, although a nurse's rest breaks during night shift were often interrupted due to medical emergencies or other more mundane administrative matters, this did not mean that those rest breaks amounted to "on-call time" for which she was entitled to be paid


Acquired Rights Directive applies to transfers by non-contractual employer
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • November 11 2010

The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest