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

Clear all

Refine your search

17 results found

Article

Herbert Smith Freehills LLP | United Kingdom | 12 Dec 2017

UK: duty not to mislead employee as to reason for dismissal

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

Article

Herbert Smith Freehills LLP | United Kingdom | 16 Nov 2015

UK: whistleblowing: disclosure concerning alleged breach of four employees’ contracts may satisfy “public interest” test

An Employment Tribunal was wrong to strike out a whistleblowing unfair dismissal claim on the basis that a disclosure concerning alleged breaches of

Article

Herbert Smith Freehills LLP | United Kingdom | 4 Mar 2011

Team poaching: doubts over use of forward contracts

The duty of trust and confidence applies to forward contracts; employees may therefore lawfully withdraw from those contracts if the future employer breaches this duty, according to a recent Court of Appeal ruling.

Article

Herbert Smith Freehills LLP | United Kingdom | 23 Dec 2010

Equal pay: out of time tribunal claims can proceed in the High Court

Employers may face equal pay claims brought in the High Court as a breach of contract claim even though a tribunal claim would be out of time.

Article

Herbert Smith Freehills LLP | United Kingdom | 8 Dec 2010

Retirement: possible duty to consider request to continue working in good faith

Employers should consider requests to continue working past retirement age genuinely and in good faith, according to a recent tribunal ruling.

Article

Herbert Smith Freehills LLP | United Kingdom | 8 Dec 2010

Team moves: employees may not be under duty to disclose own or others misconduct

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 9 Aug 2010

Compromise agreements: public sector employer's payment of more than potential litigation award not ultra vires

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 9 Aug 2010

Recent TUPE cases: transfer of union recognition and post-transfer dismissals

On a TUPE transfer, trade union recognition only transfers if the transferred entity maintains an identity distinct from the rest of the transferee's undertaking.

Article

Herbert Smith Freehills LLP | United Kingdom | 5 Jul 2010

Contractual disciplinary procedure: employees can claim for loss caused by breach

An employee can claim damages for loss caused by an employer's breach of a contractual disciplinary procedure.

Article

Herbert Smith Freehills LLP | United Kingdom | 1 Apr 2010

Team moves: latest court judgment illustrates risks of orchestrated team poaching

A recent court judgment highlights the risks involved in attempting to poach an entire team, particularly where in situ managers are used as recruiting sergeants.

Previous page 1 2