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Results: 1-10 of 214

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


UK: industrial action: UK prohibition on secondary action upheld; independent review of law
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 9 2014

Employers will welcome news that secondary industrial action, or 'sympathy strikes', remains unlawful despite the RMT's challenge before the European


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


Unfair dismissal: whether pay cut proposals apply to management as well as staff could impact on fairness of dismissal for refusing pay cut
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 5 2011

The EAT has confirmed that, in deciding whether it was fair to dismiss an employee for refusing to take a pay cut, the issue is whether it was reasonable for the employer to dismiss and not whether it was reasonable for the employee to accept the pay cut


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: ECJ opinion that obesity is not a disability, but severely obese employees may be disabled
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • July 22 2014

The Advocate General of the European Court of Justice has given his opinion rejecting the contention that EU law prohibits discrimination on the


Round-up of UK employment law developments in September 2014
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 6 2014

Employment Tribunals now have the power to order an employer who has breached equal pay law to carry out an equal pay audit and publish the audit on


UK: termination: employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where


UK: disability discrimination: automatic non-payment of bonus to employees with absence warning was unlawful
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against


UK: unfair dismissal: in depth investigation of employee’s explanations for misconduct will not always be necessary
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 5 2015

The Court of Appeal has ruled that the requirement that an employer carry out a reasonable investigation into allegations of misconduct (in order for