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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: 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


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: 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: state and diplomatic immunity: Court of Appeal rules on employment claims
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered


UK: disciplinary process: implied right to fair process enforceable by injunction
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 7 2014

The Supreme Court has ruled that there is an implied contractual right to a fair disciplinary process, a serious breach of which could enable an


Recent TUPE cases: transfer of union recognition and post-transfer dismissals
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2010

On a TUPE transfer, trade union recognition only transfers if the transferred entity maintains an identity distinct from the rest of the transferee's undertaking


Disciplinary rules: defining minor misconduct as gross misconduct will not make dismissal fair
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 5 2010

Setting out examples of acts which employers consider to be gross misconduct (as recommended by the 2009 Acas Code) can be helpful when it comes to justifying dismissal for such acts, but it is not the whole story


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