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15 results found


Hogan Lovells | United Kingdom | 27 Nov 2017

White lies - incorrect reason for dismissal breach of trust and confidence

In Rawlinson v Brightside Group Ltd the EAT considered whether an employee who was given an incorrect reason for his pending dismissal was entitled


Hogan Lovells | United Kingdom | 30 Jan 2017

Change of plan - redundancy four months after TUPE transfer was for ETO reasons

The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She was the


Hogan Lovells | United Kingdom | 21 Nov 2016

Weighing it up - correct approach to fairness of dismissal after inappropriate warning

The claimant was involved in two incidents in 2013 - the first involved using abusive language to a manager and refusing to follow a reasonable


Hogan Lovells | United Kingdom | 31 Oct 2016

Sticking to a formula - bonus clause did not require exercise of discretion by employer

The issue in Brogden v Investec Bank plc was the allocation of bonuses under the employment contracts of two traders. The contracts provided for a


Hogan Lovells | United Kingdom | 15 Feb 2016

Needs must - four week lay-off was not a breach entitling employee to resign

The rules on statutory redundancy payments recognise lay-offs and short time working as alternatives to redundancy by providing (in short) that


Hogan Lovells | United Kingdom | 21 Sep 2015

No job for life breach of contractual commitment irrelevant to fairness of redundancy

The claimant in Shevlin v Innotech Advisers Ltd had worked for many years as a part-time personal secretary to an elderly lady. She was paid by a


Hogan Lovells | United Kingdom | 18 Nov 2013

Taking it easy? High Court upholds 12 month garden leave clause

The defendant in JM Finn & Co Ltd v Holliday, a stockbroker, resigned with the intention of joining a competitor as soon as he could. Having received


Hogan Lovells | United Kingdom | 4 Nov 2013

How to complain letter about treatment during probationary period was a disclosure

In order to establish protection under the whistleblowing legislation, employees first have to show that they have made a "qualifying disclosure":


Hogan Lovells | United Kingdom | 14 Oct 2013

Mixed motives - employer's breach only has to be one reason for constructive dismissal

The employment tribunal in Wright v North Ayrshire Council had found that the first two legal requirements for a claim for constructive dismissal -


Hogan Lovells | United Kingdom | 8 Jul 2013

Delayed reaction - no constructive dismissal where employee affirmed contract

The tribunal found that the employers in Hadji v St Luke's Plymouth had acted in breach of contract in a way that entitled the claimant to resign

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