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Results: 1-10 of 12,545

UK: over-thorough investigation did not render dismissal unfair
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair. It is for the decision-maker


UK: proposed reforms to fitness for work, statutory sick pay and mental health protections
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

An independent review of mental health at work, commissioned by the Prime Minister, has been published. The StevensonFarmer review calls on


UK: dismissal for failure to produce right to work documents could be unfair
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work


UK: Court of Appeal reinstates burden of proof for discrimination claims
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

The Court of Appeal has held that the EAT ruling in Efobi v Royal Mail Group (that it is not incumbent on the claimant in a discrimination claim to


UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • December 12 2017

The ECJ has agreed with the Advocate-General's opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks'


UK: worrying High Court data protection ruling imposing vicarious liability on employers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it


UK: ECJ ruling on breastfeeding risk assessments, Acas pregnancymaternity guidance, and bereavement leave bill
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

In the Spanish case Ramos v Servicio Galego de Saude, the ECJ has ruled that it is insufficient for an employer to carry out only a general risk


UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed. The EAT had ruled that the reason


UK: duty not to mislead employee as to reason for dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 12 2017

In Rawlinson v Brightside Group, the EAT held that the duty of trust and confidence includes an obligation on an employer not to deliberately mislead


A litigator’s yearbook: 2017 (England and Wales)
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union
  • December 12 2017

As we see another year out, it’s a good time to look back at what 2017 has had in store. In this post we summarise some of the key developments from