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Results: 1-10 of 282

UK: Court of Appeal rules on subject access requests
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 16 2017

HR practitioners know only too well what an effective weapon a subject access request (SAR) can be in the hands of an aggrieved employee or


UK: Supreme Court refuses to hear statutory holiday pay case
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • March 1 2017

The Supreme Court yesterday refused British Gas permission to appeal the Court of Appeal ruling that statutory holiday pay must include results-based


UK: Disciplinary policies - employers should review provisions on expiry of warnings
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what


UK: Jurisdiction - claims for EU-derived rights may only be brought in the UK if working within the EU
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • February 17 2017

In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that


UK: Disability-related discrimination - extra care needed when dismissing for misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York


UK: Relocation on redundancy - mobility clause dismissal will be unfair if clause is too wide or operated unreasonably
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to


UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails


UK: Legislative developments - tribunal fees
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

The Ministry of Justice has finally published its post-implementation review of the introduction of fees in the employment tribunals and EAT. The


UK: Unfair dismissal - broad investigation may be required where credibility of serious allegations at issue
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to


UK: Discrimination - Supreme Court asked to consider ambit of associative discrimination
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

The Northern Ireland Court of Appeal has ruled that it was direct associative discrimination on the grounds of sexual orientation for a bakery to