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Employment status: reality of relationship trumps contractual terms; arbitrators not employees under discrimination law
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 5 2011

The Supreme Court has confirmed that the employment status of an individual will be determined by the reality of their relationship with the employer.


Team moves: employees may not be under duty to disclose own or others misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 8 2010

An employee's implied duty of fidelity does not require them to disclose to their employer their own or a colleague's misconduct, according to a recent High Court decision.


Compromise agreements: public sector employer's payment of more than potential litigation award not ultra vires
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2010

Overturning a High Court ruling, the Court of Appeal has decided that an NHS Trust's termination payment was not ultra vires even though it exceeded the maximum the employee could be awarded had she gone to tribunal.


Misrepresentation: drafting of pre-employment questionnaire is key
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 5 2009

An employer cannot claim for loss caused by an employee's mental illness merely because the employee fails to mention a history of mental illness at the recruitment stage.