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Results: 1-10 of 279

Subject access requests: employer's refusal to comply contributed to unfair dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 11 2016

Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the


UK: Headscarf bans - conflicting opinions from EU Advocate-Generals create uncertainty
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • September 14 2016

Our last e-bulletin reported the controversial opinion of the Advocate-General in Achbita v G4S Secure Solutions that a ban on all visible signs of


UK: Statutory holiday - rights during garden leaveother leave and pay
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • September 14 2016

The ECJ has ruled that workers placed on garden leave are not entitled under EU law to pay in lieu of unused holiday they could have taken during the


UK: Protected settlement discussions - first EAT ruling
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 14 2016

From July 2013 evidence of pre-termination negotiations has been inadmissible in ordinary unfair dismissal claims (see here for further details). This


UK: Disability duty to make reasonable adjustments - employers may need to consider pay protection when moving employees to different roles
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 14 2016

Where an employee is unable to continue in their original role due to disability, it may be a reasonable adjustment both to move them to a new role


Round-up of UK employment law developments in MayJune 2016
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • July 4 2016

Following the Leave vote on 23 June, employers are faced with a period of considerable uncertainty. The leaving process is put in train by giving a


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


Religious discrimination: discipline for trying to convert a junior colleague was not unlawful
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

A recent EAT ruling makes clear that, while disciplinary sanction for manifesting a religious belief is unlawful, an employer can lawfully discipline


UK: TUPE: can apply to part of service split along functional lines
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 29 2016

The EAT has confirmed that, where a service being provided by a transferor is split along functional lines, with two separate activities carried out