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Results: 1-10 of 166

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 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


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 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


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"


Garden leave: no obligation to provide work where employee in breach of duty of good faith
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

In Standard Life Health Care Ltd v Gorman and others, the Court of Appeal upheld an injunction (interdict) preventing agents who were paid on a commission only basis from joining a competitor until the end of their notice periods


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


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


Overseas employees on fixed-term contracts may claim unfair dismissal in the UK
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

The Court of Appeal has held that overseas employees who have never worked in Great Britain are subject to the protection of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and may bring an unfair dismissal claim in the UK (Duncombe and others v Secretary of state for Children Schools and Families


Constructive dismissal claim can be based on employer's treatment of other employees
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • March 11 2010

The decision of the EAT in Hunter v Timber Components (UK) Limited serves as a reminder that employees can base a constructive dismissal claim on their employer's treatment of other employees