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Results: 1-10 of 492

UK: Unfair dismissal - poor attitude towards organisational change could justify gross misconduct dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 14 2017

The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross


UK: Legislation - consultations on caste discrimination, electronic balloting and reforming the tribunal system
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2017

On 28 March the Government Equality Office published its long-awaited consultation on caste discrimination, announced back in September 2016. The


UK: Vicarious liability: Supreme Court’s broad application of “close connection” test means employers more likely to be liable for employee misbehaviour
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 17 2016

Employers could be held vicariously liable for staff misbehaviour in a broader range of situations following the Supreme Court ruling in Mohamud v WM


Restrictive covenants: non-competes should not prevent minority shareholdings; non-solicits should usually only apply to individuals with whom the employee dealt
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 2 2017

Employers should check that their template restrictive covenants prohibiting being directly or indirectly engaged or 'concerned' or 'interested in'


Recent TUPE cases: transfer of union recognition and post-transfer dismissals
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2010

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


Employment law reform proposals: Queen's Speech, Brexit, and the Taylor Review
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • August 2 2017

The Queen's Speech on 21 June 2017 set out the government's programme for the next two years and was inevitably dominated by Brexit-related


Whistleblowing: an employee can bring a detriment claim against colleagues for their actions in dismissing him
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 2 2017

The EAT in International Petroleum Ltd v Osipov has made clear that an employee can bring a whistleblowing detriment claim against a fellow worker in


Brexit: Employment
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • February 16 2017

The UK vote to leave the EU will lead to considerable uncertainty in the long term from an employment law perspective, because key areas of


Subject access requests: employer's refusal to comply contributed to unfair dismissal
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 11 2016

Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the


UK: new publications employment status review, industrial disputes report, and guidance on BYOD, tax-free childcare and surveillance
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 12 2014

BIS has launched an employment review intended to "help clarify and potentially strengthen the employment status of up to a million British workers"