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Results: 1-10 of 228

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


UK: non-discriminatory decision lawful despite being based on ‘tainted information’
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 9 2015

Where a decision to dismiss is based on 'tainted information' (supplied to the decision-maker with discriminatory intent), but the decision-maker has


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: 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: disability: Type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 8 2015

Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of


UK: duty to make reasonable adjustments: employers not fixed with constructive knowledge of disability provided took reasonable steps to investigate
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 8 2015

An employer's failure to investigate discrepancies in an occupational health report (which found no disability) will not necessarily fix it with


UK: harassment: potential liability for damages to indirect victim
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 8 2015

An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including


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


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