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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


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


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


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


TUPE and ETO reasons
  • Shepherd and 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


Disability-related discrimination: Malcolm comparator test applies in employment cases
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

The Court of Appeal has confirmed that the narrow comparator test set down by the House of Lords in London Borough of Lewisham v Malcolm (2008) (a housing case) applies to employment cases of disability-related discrimination (Aylott v Stockton-on-Tees Borough Council


Tax treatment of a TUPE-related payment
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • February 11 2010

In Kuehne Nagel Drinks Logistics Ltd v HMRC a tribunal has held that lump sums paid to employees on the transfer of a business that were made partly to compensate the employees for the loss of pension rights and partly as an incentive for the employees to work willingly and without industrial action were taxable as employment income