We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 233

UK: employers must permit carry-over of statutory holiday for 18 months where unused due to sickness
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 9 2015

Employees unable or unwilling to take their 4 weeks' EU-derived statutory holiday because of sickness absence continuing to the end of the leave year


UK: working time: Advocate-General opinion that travel to and from home may count as working time for peripatetic workers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The ECJ Advocate-General has given the opinion in Federacion de Servicios Privados v Tyco Integrated Security that, for peripatetic employees with no


Holiday pay: Northern Irish ruling that employers may need to include voluntary overtime pay in calculation
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

In Patterson v Castlereagh BC the Northern Irish Court of Appeal has given its view that, in principle, voluntary overtime pay may need to be


UK: indirect discrimination: claimants must show why disadvantage arises for protected group
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

Employers will welcome a Court of Appeal ruling that it is not enough for claimants seeking to establish indirect discrimination to produce


UK: salary: default daily accrual rate of 1365 unless overridden by contractual terms
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 8 2015

The Court of Appeal has ruled that an employee's salary accrues day to day pursuant to the Apportionment Act 1870, but the rate at which it accrues


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


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: 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