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Results: 1-10 of 222

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: 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: termination: dismissal for tweets from private account may be fair
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 6 2015

It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee's own time, depending on the facts


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: 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: holiday: employer appeals tribunal ruling that commission must be reflected in statutory holiday pay
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 7 2015

As expected, the employment tribunal in Lock v British Gas Trading has confirmed that words can be written into the Working Time Regulations to


Round-up of employment law developments in April 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 1 2012

In Seldon v Clarkson Wright and Jakes the Supreme Court has confirmed that employers need to give careful consideration when seeking to justify mandatory retirement ages


Unfair dismissal: importance of warnings, dismissal for relationship breakdown and home computer use
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 5 2011

Employers should consider whether there are any serious concerns about the appropriateness of a live, final disciplinary warning before relying on it to dismiss for subsequent misconduct


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