In Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust UKEAT/0267/15/RN, the Employment Appeal Tribunal (EAT) considered whether there could be a service provision change under TUPE where only part...more
The Supreme Court in Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11 considered whether an employer was liable for an assault committed by one of its employees on a customer.
Mr Khan worked at a petrol station...more
The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows:
- The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more
The U.K. Budget 2016 was announced in March 2016. It sets out a series of noteworthy employment-related measures, including the following:
- With effect from 1 April 2016, the new “National Living Wage” will be...more
In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more
3/1/2016
/ Breach of Contract ,
Citibank ,
Confidential Information ,
Employment Contract ,
Employment Tribunals ,
Fiduciary Duty ,
Foreign Exchanges ,
Hiring & Firing ,
Information Sharing ,
Internal Investigations ,
UK ,
Unfair Dismissal
The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 (Regulations) came into force on 11 January 2016. These provide additional protection to individuals on zero hours contracts.
By way of background,...more
In Farnan v Sunderland Association Football Club [2015] EWHC 3759 (QB), the High Court considered whether breaches of confidentiality could amount to gross misconduct justifying dismissing an employee without notice....more
In Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265, the Court of Appeal considered whether the duty to make reasonable adjustments under U.K. discrimination law could apply to an attendance...more
In Monmouthshire County Council v Harris UKEAT/0332/14/DA, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee on long-term sick leave.
Mrs Harris, an employee of Monmouthshire...more
By way of background, Employment Tribunal fees were introduced in the U.K. in 2013 (see our update of July 2013). Under this regime, claimants must pay an "issue fee" to submit their claim and a "hearing fee" before a full...more
Mr Edwards was employed by BT Managed Services Ltd (BT) in its domestic network outsource (DNO) division. He went on long-term sick leave in 2008 and did not return to work. He initially received permanent health insurance...more
In Ramphal v Department for Transport UKEAT/0352/14, the Employment Appeal Tribunal (EAT) considered whether heavy involvement by HR in a disciplinary investigation rendered a subsequent dismissal unfair....more
In British Waterways Board v Smith UKEATS/0004/15/SM, the Employment Appeal Tribunal (EAT) examined whether an employer acted lawfully when dismissing an employee for gross misconduct due to remarks he had made on Facebook...more
Broadly speaking, the position is currently that the first £30,000 of any non-contractual termination payment can be paid free of deductions for tax and national insurance (NI), and that most other payments are subject to tax...more
The Deduction from Wages (Limitation) Regulations 2014 were brought in following the landmark ruling in Bear v Fulton. By way of a reminder, the Employment Appeal Tribunal decided in Bear that non-guaranteed overtime which...more
James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more
8/3/2015
/ Anti-Suit Injunctions ,
Breach of Contract ,
Conflicts of Laws ,
Exclusive Jurisdiction ,
Forum Selection ,
Injunctions ,
International Labor Laws ,
Jurisdiction ,
Leave to Appeal ,
Non-Compete Agreements ,
Parent Corporation ,
Restricted Stocks ,
UK
In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-operative was an employee, a...more
In Olsen v Gearbulk Services Ltd UKEAT/0345/14/RN, the Employment Appeal Tribunal (EAT) considered whether an internationally mobile employee could bring a claim for unfair dismissal under UK law on the basis that he spent...more
The annual increases in compensation took effect on 6 April 2015. The most notable changes are as follows:
- The limit on a week's pay for the purposes of calculating statutory redundancy payments and the basic award...more
In Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (EAT) considered whether a variation clause could be relied on to make unilateral changes to terms and conditions of employment....more
In Rynda (UK) Ltd v Rhijnsburger [2015] EWCA Civ 75, the Court of Appeal considered whether a single employee was an “organised grouping of employees” for the purposes of establishing whether there had been a service...more
In Colomar Mari v Reuters Ltd UKEAT/0539/13, the EAT considered whether an employee who had waited 18 months before resigning and accepted contractual sick pay during this period could claim constructive dismissal....more
In Lodge v Dignity and Choice in Dying & Anor UKEAT/0252/14/LA, the Employment Appeal Tribunal (EAT) considered whether an employee who had voluntarily relocated to Australia but continued to work remotely for her UK-based...more
In Game Retail Limited v Laws UKEAT0188/14, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee for tweeting offensive comments from a personal Twitter account was unfair....more
In Wess v Science Museum Group UKEAT/0120/14/DM, the Employment Appeal Tribunal (EAT) considered whether an employee had impliedly accepted a variation of her contract of employment by continuing to work for 9 years, without...more