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Results: 1-10 of 467

Dismissalresignation
  • Bird & Bird
  • United Kingdom
  • June 21 2007

Even where an employee leaves by mutual consent and severance terms are negotiated, he or she may still have been ‘dismissed’ and thus able to bring an unfair dismissal claim


Sex discrimination
  • Bird & Bird
  • United Kingdom
  • June 21 2007

A policy that prevents staff who are ‘in a partner, family or emotional relationship’ from working together may not fall foul of anti-discrimination legislation, being justified where the need for such a policy outweighs any discriminatory effect that it may have


Restrictive covenants
  • Bird & Bird
  • United Kingdom
  • June 21 2007

An employee may find it hard to argue that he has been constructively unfairly dismissed on the basis of his employer’s actions towards him after he has given notice of his intention to resign


Employment update, UK June 2007
  • Bird & Bird
  • United Kingdom
  • June 26 2007

Statutory annual leave entitlement will be increased from 20 days to 24 days on 1 October 2007 (including bank holidays), as planned


Agency workers
  • Bird & Bird
  • United Kingdom
  • June 21 2007

The legal status of agency workers continues to cause confusion in the Courts


Statutory grievance procedures
  • Bird & Bird
  • United Kingdom
  • June 21 2007

A resignation letter may not itself constitute a ‘grievance in writing’ for the purposes of initiating the statutory grievance procedure


Equal payTUPE
  • Bird & Bird
  • United Kingdom
  • August 29 2007

Equal pay claims (not only claims to pension rights) do not transfer on a TUPE transfer


Can an employer dismiss an employee fairly for incapacity even though the incapacity was caused by the employer’s own conduct?
  • Bird & Bird
  • United Kingdom
  • August 29 2007

The Court of Appeal has recently settled this question, by upholding the approach taken by the EAT in the case of McAdie v Royal Bank of Scotland


How should an employer investigate allegations of sexual harassment made against an employee by a fellow worker?
  • Bird & Bird
  • United Kingdom
  • August 29 2007

There is no legal duty on an employer to carry out an investigation into allegations of sexual harassment sensitively, but contractual procedures must be followed


Illegal contracts
  • Bird & Bird
  • United Kingdom
  • August 28 2007

Time spent working as a self-employed consultant may not be treated as time worked under an illegal contract when the worker is later found to be an employee and so not prevent the worker from claiming unfair dismissal on termination