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Results: 1-10 of 81

Holidays and sick leave: what employers need to know
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 24 2009

In our last monthly E-Bulletin, we reported that the House of Lords had handed down its judgement in the case of HM Revenue and Customs v Stringer, which concerns the vexed question of statutory holiday entitlement under the Working Time Regulations (WTR) when a worker is or has been absent on long-term sick leave


EAT confirms test for constructive dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The EAT has confirmed that the "band of reasonable responses" test does not apply to the question of whether an employer has committed a fundamental breach of contract, entitling an employee to resign and claim constructive dismissal (Bournemouth University Higher Education Corporation v Buckland


Length of service criterion in redundancy selection matrix was not unlawful age discrimination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • June 11 2009

The Court of Appeal has confirmed that length of service, as a criterion for redundancy selection, can be lawful even though it potentially discriminates against younger workers on the grounds of age (Rolls Royce plc v Unite the Union


Tribunal must not substitute its own view for that of the employer
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

This case is a reminder that the tribunal's role in unfair dismissal cases is not to substitute its own view, but to determine whether the decision to dismiss fell within the band of reasonable responses open to the employer


Holiday entitlement
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2009

The minimum entitlement to paid holiday under the Working Time Regulations 1998 increased to 5.6 weeks with effect from 1 April


ECJ confirms that the UK compulsory retirement age is capable of justification
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • March 6 2009

The European Court of Justice (ECJ) has confirmed that the compulsory retirement provisions of the Age Discrimination Regulations are capable of being justified


Terminating agency workers in a downturn what will change when the Agency Workers Directive is implemented?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

BMW was criticised for being opportunist when it recently terminated the engagement of a large number of agency workers at its Mini manufacturing plant in Cowley, Oxford, giving them only one hour's notice


Working time opt-out
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • March 13 2009

The European Commission has rejected the European Parliament's proposal to discontinue the opt-out from the maximum average 48-hour week


Statutory dismissal procedures
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 13 2009

From 6 April, the statutory dismissal procedures will be abolished


Offshore workers lose holiday claim in the Employment Appeal Tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 12 2009

The EAT has held that offshore workers can be required to take their annual holiday entitlement under the Working Time Regulations (WTR) during onshore field breaks (Craig and others v Transocean International Resources Ltd and others