Employees

Avoiding discrimination claims when making redundancies

Eversheds Legal Services Ltd v De Belin serves as a reminder of the dangers of trying to avoid discrimination claims from a particular class of employee when making redundancies. Read more...

Fiduciary duties

Samsung Semiconductor Europe Ltd v Docherty is another interesting case in relation to fiduciaries. Read more...

Unfair dismissal case allowed beyond the three month deadline

In John Lewis Partnership v Charman, the EAT allowed an unfair dismissal claim to be brought beyond the usual three month deadline. Read more...

FSA Remuneration Code Update

There have been some developments on two key topics - guaranteed bonuses and publication of pay information. Read more...

Sickness Absence - Less of a Headache?

According to the employment tribunal judge in Adams v Harwich International Port Ltd the Working Time Regulations 1998 can enable workers to carry over their statutory annual leave entitlement to the next leave year (including the 1.6 weeks’ additional leave provided by the Regulations) where they have been unable or unwilling to take it because of sickness. Read more...

You’re Definitely Fired

In CF Capital v Willoughby the Court of Appeal confirmed that an employee who was given clear and unambiguous notice of termination on the employer’s mistaken understanding that she would accept a move to self-employed status was still dismissed and the employer could not subsequently withdraw its notice. Read more...

TUPE - Common Sense Prevails

Smith and others v Trustees of Brooklands College related to a situation where, following a TUPE transfer, the employer and transferred employees agreed to change the contractual rates of pay. Read more...

Staying Employment Tribunal Proceedings

The recent EAT case of Paymentshield Group Holding Limited v Halstead has extended the principle that cases should not proceed concurrently in an employment tribunal and the High Court even where a claim has not been lodged in the High Court. Read more...

A Free Rein to Victimise? No

In NHS Manchester v Fecitt and others the Court of Appeal decided that an employer cannot be liable for its employees victimising a whistleblower. Read more...

Negligent misstatement

In McKie v Swindon College the employee successfully sued Swindon College for negligent misstatement. Read more...

Parkwood Leisure v Alemo-Herron

This is an interesting TUPE case to watch. Read more...

Collective redundancy

A couple of cases involving collective redundancy situations and the EAT's decisions. Read more...

Publicis Consultants UK Ltd v O’Farrell

The EAT has held that where an employee was informed in her dismissal letter that she would receive an ex gratia payment equivalent to three months’ salary, this payment was truly an ex gratia payment. Read more...

Other Developments - July 2011

Here are some other developments which have happened over the last month. Read more...

George's Marvellous Medicine for Employers?

At the Conservative party conference, George Osborne announced that the qualifying period for unfair dismissal will be increased from one to two years with effect from April 2012. In addition, fees for bringing Employment Tribunal claims will also be introduced from April 2013. Read more...

Status Update - Criticising Work on Facebook Can Be OK...

In the case of Whitham v Club 24 Ltd t/a Ventura, the Employment Tribunal found the dismissal of an employee for making derogatory comments about her employer on Facebook to be unfair on the basis that the comments did not specifically refer to a client nor was there any evidence that the client relationship had been harmed or was likely to be harmed as a result of the comments. Read more...

Temps' Rights Go Live

A reminder that the Agency Worker Regulations came into force on 1 October 2011. Read more...

Adjustments for Disabled Employees - How Far Do You Need to Go?

There have been three recent cases on this issue - two quite helpful for employers, but the other one less so. Read more...

Poachers and Gamekeepers - A practical Guide to Team Moves

Tips for Poachers Read more...

Poachers and Gamekeepers - A Practical Guide to Team Moves

Tips for Gamekeepers Read more...

Key Concepts in Team Move Cases

By Thomas Linden QC and Thomas Kibling, Matrix Chambers Read more...

Firing Senior Employees

Dismissing directors or other senior employees can be one of the most difficult situations a business has to deal with and not just from an employment law perspective. Read more...

Dismissing Senior Executives

Dismissing directors or other senior employees can be one of the most difficult situations a business has to deal with and not just from an employment law perspective. Read more...

Employment Law Reform

Vince Cable announced reforms to the employment law system aimed at providing a more flexible framework for businesses. Read more...

Reputational Damage Through Social Media

According to a recent research study by DLA Piper, 31% of those employers surveyed had implemented disciplinary proceedings because of the information that an employee had displayed on a social media site about the employer. Read more...

2011 FSA Remuneration Code

In December 2010 the FSA issued the final version of its 2011 Remuneration Code (the "Code"). Read more...

The Bribery Act - An Overview

There is "no one size fits all" approach. It is for each business to implement a policy that it proportionate to its size, the nature of its business, the countries and sectors it operates in, etc. Read more...

The News of the World, Ignorance and the "Nuremberg Defence"

Recent events at the News of the World have attracted much attention in relation to criminal acts, but they also raise some interesting employment law issues. Read more...