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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: 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


UK: discrimination arising from disability: disability need not be the main cause of unfavourable treatment if it is part of the cause or has a significant influence
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 8 2015

A claim for "discrimination arising from disability" can be made where an employee is treated unfavourably because of something arising in


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: employers can redeploy permanent employees to vacancies in priority to agency workers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 7 2015

Agency worker regulations provide that an agency worker has the right to be informed of any relevant vacancies in the hiring company, so as “to give


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


Round-up of UK employment law developments in FebruaryMarch 2016
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 16 2016

The Government has published draft regulations providing for mandatory gender pay reporting; consultation ended on 11 March 2016 and a revised final


Disability: duty to reinstate ex-employee where resigned while depressed
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 8 2010

Employers should consider granting a request to be reinstated from a disabled employee who resigns while depressed but then regrets this decision


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


Unlawful deduction from wages claim for bonus
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 6 2009

An employee may be able to bring a deduction of wages claim for non-payment of bonus, even if elements of the bonus appear to be discretionary