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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


Employees can claim constructive dismissal even if employer upholds grievance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 8 2010

An employer who has committed a fundamental breach of an employee's contract cannot prevent the employee claiming constructive dismissal by upholding the employee's grievance about that breach


UK: collective redundancy obligations: Woolworths case referred to ECJ
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • March 7 2014

The Court of Appeal has decided to refer to the European Court of Justice the case ofUSDAW v Woolworths on the trigger for collective redundancy


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


Sexual orientation: discussing employee's homosexuality may not be unlawful
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 5 2011

The Court of Appeal has ruled that it will not necessarily be unlawful discrimination for a manager to mention an employee's homosexuality to others where the employee has already made it public


UK: ‘Gig economy’ employers - business model under threat from litigation and legislative review
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

Companies engaged in the 'gig economy' should be alive to the threat recent employment law developments could pose to their business model. Where the


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


Philosophical belief: anti-hunting belief capable of protection
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 5 2011

An employee's belief in the sanctity of life, comprising a belief in anti-fox hunting and anti-hare coursing (as well as veganism and environmentalism), could constitute a philosophical belief capable of protection under discrimination law, according to an employment tribunal


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