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Results: 1-10 of 217

UK: Court of Appeal due to consider whether US exclusive jurisdiction clause or EU jurisdiction rules should prevail
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom, USA
  • June 9 2015

The Court of Appeal is due to consider whether a UK-domiciled employee's right under EU rules to be sued only in the UK should be given precedence


UK: higher standard of investigation may be required where contractual discretion to decide facts
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 9 2015

Where an employer had a contractual discretion to decide whether an employee had committed suicide (and therefore whether his widow would receive


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


UK: TUPE Court of Appeal upholds ruling that harmonisation dismissals unfair
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 10 2014

The Court of Appeal has upheld the EAT's ruling that dismissing employees who refused to accept harmonised employment terms following a TUPE transfer


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


Directors' duties recovery of corporate fines from directors?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 8 2010

The High Court has dismissed an application to strike out a claim which has been brought by Safeway Stores against former employees and directors for damages resulting from a breach of competition law


Disability: swapping two employees' roles may be reasonable adjustment
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 6 2010

Where an employee ceases to be able to perform his role due to disability, an employer should consider whether it is reasonable to require another employee to swap roles with him or to medically retire the disabled employee and re-engage him in a new role


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 employment law developments in March 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2012

Employers must establish some legitimate reason other than saving costs in order to justify discrimination


Employees abroad: extension to unfair dismissal and discrimination rights
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2010

Recent cases have extended the availability of British employment law rights to employees working overseas