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Results: 1-10 of 226

Round-up of UK employment law developments in July 2015
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • August 6 2015

Employees unable or unwilling to take their 4 weeks’ EU-derived statutory holiday because of sickness absence continuing to the end of the leave year


UK: indirect discrimination: those who suffer alongside a disadvantaged group may bring claims
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • August 6 2015

The ECJ has ruled that the EU concept of indirect discrimination permits claims to be brought by individuals who are not actually part of the


UK: discrimination arising from disability: ‘unfavourable treatment’ test does not require comparison
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 6 2015

The EAT has overturned a tribunal ruling that it was unlawful disability-related discrimination for an ill health early retirement pension to be based


UK: anti-suit injunctions: Court of Appeal rules that EU jurisdiction rules should prevail over US exclusive jurisdiction clause
  • Herbert Smith Freehills LLP
  • European Union
  • August 6 2015

The Court of Appeal has overturned a controversial High Court ruling (summarised in our blog post here) concerning the enforcement of non-EU exclusive


UK: employers must permit carry-over of statutory holiday for 18 months where unused due to sickness
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 9 2015

Employees unable or unwilling to take their 4 weeks' EU-derived statutory holiday because of sickness absence continuing to the end of the leave year


UK: salary: default daily accrual rate of 1365 unless overridden by contractual terms
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The Court of Appeal has ruled that an employee's salary accrues day to day pursuant to the Apportionment Act 1870, but the rate at which it accrues


UK: working time: Advocate-General opinion that travel to and from home may count as working time for peripatetic workers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no


Holiday pay: Northern Irish ruling that employers may need to include voluntary overtime pay in calculation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be


UK: indirect discrimination: claimants must show why disadvantage arises for protected group
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers will welcome a Court of Appeal ruling that it is not enough for claimants seeking to establish indirect discrimination to produce


UK: higher standard of investigation may be required where contractual discretion to decide facts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 9 2015

Where an employer had a contractual discretion to decide whether an employee had committed suicide (and therefore whether his widow would receive