Searching Content indexed under Employment Litigation/ Tribunals by Reed Smith (Worldwide) ordered by Published Date Descending.
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Macron Scale Of Damages For Unfair Dismissal: The Lower French Industrial Tribunals Strike Back
The Paris and Reims courts of appeal are expected to take a position on the Macron scale on 25 September 2019.
23 Sep 2019
Positive News For Employers Wishing To Enforce Post-Termination Restrictions
In an eagerly awaited decision, the Supreme Court gave its judgment on the meaning of wording commonly used in non-compete post-termination restrictions and the possibility
25 Jul 2019
Further Blow For Self-Employed Status: Tribunal Finds That Hermes Couriers Are "Workers"
The UK recognises three categories of employment status: employees, workers and self-employed contractors, each with varying levels of protection under employment law.
17 Jul 2018
Employment Tribunal Fee Regime: An Unlawful Barrier to Justice
The Supreme Court has today found in favour of the trade union UNISON in its judicial review of the UK Employment Tribunal fees regime, unanimously holding that the legislation implementing the current regime is unlawful both under domestic and EU law.
26 Jul 2017
The ‘Gig' Economy Under the Spotlight
New research published by the CIPD suggests that around 1.3 million people are engaged in the UK 'gig' economy – the term used to describe flexible, short-term working arrangements...
29 Mar 2017
What Does The Future Hold For Employment Tribunal Reform?
The Ministry of Justice has recently published its review of the introduction of Employment Tribunal (‘ET') fees.
27 Feb 2017
A Null And Void Non-Compete Clause Does Not Trigger Automatic Damages
Until now, there has been no requirement for an employee to demonstrate any loss suffered to be entitled to damages owing to a null and void non-compete clause inserted into his or her employment contract.
24 Jun 2016
EAT Decision Sheds New Light On Scope Of ACAS Code On Ill Health Dismissals
In this case, the Employment Tribunal had awarded the claimant, a security guard, compensation for unfair dismissal and unlawful discrimination.
24 Jun 2016
Reed Smith, Partner In The Sixth Parliamentary Meeting About Health At Work
This alert sums up the sixth parliamentary meeting on well-being at work. Reed Smith was a partner in these meetings for the second successive year.
8 May 2016
New Insights On The Regime Of The Agreed Termination
In France, after the signature of the agreed termination form between the employer and the employee, the parties have 15 calendar days to withdraw their consent.
2 Mar 2016
Do Employers Have The Right To Read Employees' Private Emails?
A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees' private emails. Is that correct and does this case really change things?
18 Jan 2016
Asbestos: The French State Council ("Conseil d'Etat") Holds The State Liable When An Employer Is Deemed Responsible For Asbestos-Related Occupational Diseases And Inexcusable Faults
On the 9th of November 2015, the French State Council ("Conseil d'Etat") admitted for the first time the possibility for an employer held liable on the grounds of inexcusable fault to take action against the State ..
24 Nov 2015
HR Influence In Disciplinary Proceedings Can Render Dismissals Unfair
In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings.
8 Oct 2015
Key Employment Updates - 5 October 2015
With summer now officially over, we set out below some important updates to be aware of as the ‘back to work' period begins.
6 Oct 2015
Time Travelling To And From Work Can Count As Working Time – UPDATED
The employees in this case worked for the security company, Tyco. They installed domestic and commercial security systems.
European Union
11 Sep 2015
Employment Appeal Tribunal Confirms Temporary Agency Workers' Right To Information About Permanent Vacancies Is Limited
In Coles –v– Ministry of Defence, the Employment Appeal Tribunal has confirmed that agency workers' rights to be provided with information about permanent vacancies within the organisation in which they work is just that; there is no right to be considered for the vacancy, whether on equal terms with permanent staff or otherwise.
17 Aug 2015
Holiday Entitlement During Sick Leave – Where Are We Now?
An employee's entitlement to holiday, and the pay he or she receives while taking holiday, has been a hot topic in the courts over the past few years
10 Aug 2015
Indirect Discrimination Claim May Be Brought Where Claimant Does Not Have Protected Characteristic
In the case of CHEZ Razpredelenie Bulgaria, the European Court of Justice has extended the concept of indirect discrimination to cover those who do not have a protected characteristic, but who are associated with such people.
European Union
5 Aug 2015
Just How Wide Is The Band Of Reasonable Responses For Misconduct Dismissals?
In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal's decision that the Claimant was unfairly dismissed for a breach of his employer's health and safety procedures.
3 Aug 2015
Acas Early Conciliation – One Year On
Once the prospective claimant contacts Acas, a Conciliation Officer will explore over the period of one month, whether settlement is possible between the parties.
31 Jul 2015
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