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Results: 1-10 of 256

UK: date for appeal hearing on holiday pay
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 5 2016

The appeal in the holiday pay case Lock v British Gas Trading has been listed to be heard by the Court of Appeal sooner than expected, floating over


UK: Discipline: raising non-urgent or trivial concerns while an employee is on stress-related sick leave may amount to constructive dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

Employers should consider carefully whether it is necessary to raise disciplinary concerns with an employee while they are absent on stress-related


UK: Unfair dismissal: “taking a sickie” is gross misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee


UK: Staff handbooks: absence management procedure trigger was apt for incorporation; need to retain historic versions of electronic handbooks
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

Employers may wish to review their staff handbooks and, in particular, what is included in any section expressly stated to be contractual to the


UK: TUPE: can apply to part of service split along functional lines
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

The EAT has confirmed that, where a service being provided by a transferor is split along functional lines, with two separate activities carried out


UK: Restrictive covenants: BIS call for evidence; EAT ruling confirms unreasonable restraints cannot be bought
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

As part of an initiative to develop a National Innovation Plan to help make Britain the most attractive place in Europe to start up new businesses


UK: Whistleblowing: employers face uphill struggle to strike out claims for lack of “public interest”
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

A recent EAT ruling has highlighted that, in many cases, the prospects of striking out a whistleblowing claim at a preliminary hearing on the basis of


Religious discrimination: discipline for trying to convert a junior colleague was not unlawful
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

A recent EAT ruling makes clear that, while disciplinary sanction for manifesting a religious belief is unlawful, an employer can lawfully discipline


UK: Early conciliation: EAT rulings establish flexible approach to compliance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 17 2016

A number of recent EAT rulings suggest that technical arguments over compliance with the early conciliation rules for tribunal claims may be given


UK: Vicarious liability: Supreme Court’s broad application of “close connection” test means employers more likely to be liable for employee misbehaviour
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 17 2016

Employers could be held vicariously liable for staff misbehaviour in a broader range of situations following the Supreme Court ruling in Mohamud v WM