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Round-up of UK employment law developments in OctoberNovember 2016
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

Our next round-up will be in 2017. We would like to take this opportunity to wish all our readers the very best for the Festive Season and the coming


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


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: 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


Disability discrimination: relocation can be reasonable adjustment
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 5 2010

An employer may lawfully refuse to make adjustments to accommodate a disabled employee at their existing workplace if the adjustments can best be achieved at another workplace which is nearby, at least if the employee is subject to a mobility clause and has worked at a number of locations


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: 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: Bonus decisions: Wednesbury unreasonableness test is relevant
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 9 2016

Last year's Supreme Court ruling (see here) that employers may be required to consider all relevant factors and discount irrelevant ones (the public


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


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