Searching Content indexed under Employment Litigation/ Tribunals by Wedlake Bell ordered by Published Date Descending.
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High Court Allows Appeal Against The Pensions Ombudsman
Due to the worsening of the relationship between B and the Authority, they entered into a compromise agreement regarding B's termination of employment.
29 Dec 2016
Would You Place Employees On Garden Leave As Part Of A Redundancy Consultation Process? This Could Affect The Fairness Of The Redundancy
In a recent case the Employment Appeals Tribunal (EAT) has found that a "perfunctory and insensitive" redundancy consultation process can impact on the ultimate fairness of a redundancy dismissal.
14 Dec 2016
Death Benefits: No Duty On Employer To Tell Member About Less Generous Death Benefits
The Pensions Ombudsman (PO) has given a determination in a complaint by a Mr N that the respondents were not under a duty to inform his wife, Mrs N, that opting to stop contributions...
25 Oct 2016
State Attorneys General On The Attack Against Noncompete Overuse
Too much of a good thing can be bad – a maxim that some employers have historically ignored by requiring entire workforces, including rank-and-file employees, to submit to post-employment...
19 Aug 2016
Expecting Staff To Work Long Hours? This Could Be Discrimination
In a recently reported case involving a brokerage firm, the Employment Appeals Tribunal ("EAT") has opened the way to discrimination claims based on expectations in the workplace.
27 Jun 2016
EU Referendum (Should We Stay Or Should We Go?) – Employment Implications
On Thursday, 23rd June 2016, the public will determine whether the United Kingdom remains in the European Union. A lot has been written and said by the 'Brexit' and 'Bremain' camps about the impact of that decision, most recently by the US President.
20 May 2016
Handbook, Incorporated - Are Terms In Your Employee Handbook Limiting Your Freedom To Amend Policies?
A recent Court of Appeal decision serves as a reminder to employers that if provisions or policies in an employee handbook or other document become incorporated into employees' contractual terms and conditions of employment, then employers will not normally be free to amend those terms unilaterally.
16 May 2016
Does An Employee Sacrifice Childcare Vouchers During Maternity Leave?
There has been a recent decision in the Employment Appeal Tribunal in relation to continuing childcare vouchers during maternity leave which may be of interest to those of you who provide these vouchers by way of a salary sacrifice scheme.
7 Apr 2016
Employee Privacy - Does It Still Exist?
A recent European Court of Human Rights case has attracted much publicity in the UK press as giving employers the green light to read employees' private emails. This is wrong.
European Union
4 Feb 2016
Christmas Present - A Look At Current Employment Issues
An employer in France did not renew the contract of an employee after one year because she refused to remove the headscarf that she wore for religious reasons.
29 Dec 2015
Christmas Past - A Summary Of The Years Key Employment Cases
The ECJ overturned the earlier EAT decision that had to be considered together for the purposes of collective consultation.
29 Dec 2015
Same-Sex Relief For Trustees And Employers
Having joined his employer's pension scheme in 1980, Mr Walker entered into a registered civil partnership in January 2006.
1 Dec 2015
Ill Health: Factors To Consider For Capability Dismissals
The Claimant, Mrs Harris, was employed as a Senior Education Welfare Officer and it was accepted that she had a disability.
1 Dec 2015
ECJ Clarifies How To Calculate Holiday Leave For Employees Who Increase Their Hours Of Work
In Greenfield v The Care Bureau Limited (C-219/14), the European Court of Justice ruled that in the case of part time employees who increase their working hours during a holiday year...
European Union
1 Dec 2015
Good News For Multi-Site Businesses – ECJ Limits The Scope Of Collective Consultation Obligations
This decision does not mean that each individual location will always be a separate establishment.
5 Nov 2015
Expansion Of The Right To Claim Discrimination By Association?
When the Equality Act 2010 ("EA") came into force, it was drafted to prohibit discrimination by association in relation to claims for direct discrimination and also for harassment.
2 Nov 2015
Social Media Dismissal - Case Update
There has been a recent, and rather interesting, decision involving a dismissal for gross misconduct due to social media usage.
1 Sep 2015
EAT Further Clarifies Position On Sick Leave And The Right To Accrued Holiday Pay
The EAT has confirmed that an employee on sick leave cannot be compelled to take holiday leave during the sick leave period, nor do they have to demonstrate that they are incapable of taking it.
4 Aug 2015
Voluntary Overtime And Holiday Pay
In the Bear Case the decision was that "guaranteed" and "non-guaranteed" overtime should be included in the calculation of EU Holiday Pay.
European Union
4 Aug 2015
Judgment In Woolworths Case
This case concerned the collapse of the national high street retailers Woolworths and Ethel Austin, which resulted in large-scale redundancies and store closures.
25 Jun 2015
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