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Results: 1-10 of 160

Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Employer's "use it or lose it" condition in relation to holiday upheld
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • February 11 2010

Recent annual leave cases have tended to favour employees


Cap on enhanced redundancy payments not age discrimination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

The EAT has decided in Kraft Foods UK Ltd v Hastie that an upper ceiling on a contractual redundancy payment, which disproportionately affected older workers, did not constitute age discrimination


Employee entitled to seven years' holiday pay on termination
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 17 2009

The EAT upheld a tribunal's decision, in Beijing Ton Ren Tang (UK) Ltd v Wang, that an employee, who was found to have an oral term in her employment contract that "if she did not take her holidays she would be paid in lieu of holidays not taken at the end of her employment", had the right to pay in lieu of untaken holidays for the whole period of her employment, not merely the final leave year


The Agency Workers Regulations
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

As we reported last month, the government recently launched a second consultation on draft Regulations to implement the Temporary Agency Workers Directive


Holidays and sick pay where are we now?
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • December 10 2009

From our recent E-Bulletins on the evolving issue of how statutory holiday relates to sick leave, you will know how complex this area has become


Jurisdiction: when can overseas employees bring claims for unfair dismissal and discrimination?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

In two recent cases, the UK courts have considered the circumstances in which overseas employees can bring claims for unfair dismissal or discrimination in the employment tribunals