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Results: 1-10 of 171

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


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 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


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


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


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'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


Acquired Rights Directive applies to transfers by non-contractual employer
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • November 11 2010

The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest


TUPE: compensation for failure to provide information in good time
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In Cable Realisations Ltd v GMB Northern, the EAT upheld a protective award for failure to provide relevant information "long enough before a transfer" and confirmed that information must be provided to representatives in sufficient time for voluntary consultation to take place, even where there is no statutory obligation to consult affected employees under TUPE


Court of Appeal holds church vicariously liable for priest's abuse
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

In Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church, the Court of Appeal held that the sexual abuse of a child was so closely connected with a priest's employment that it would be fair and just to hold the Archdiocese, his employer, vicariously liable