Alex Denny

Alex Denny

Faegre Baker Daniels

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Employee, Worker or Self-Employed?

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

7/1/2015 - Employee Definition Independent Contractors Physicians UK UK Employment Appeal Tribunal

No UK Employment Rights for Internationally Mobile Employee

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

7/1/2015 - Bermuda Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

TUPE: Service Provision Change

In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care UKEAT/0431/14/BA, the Employment Appeal Tribunal (EAT) considered whether an employee’s employment had transferred by reason of a service provision change under TUPE,...more

7/1/2015 - TUPE UK Employment Appeal Tribunal Uzbekistan

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

5/30/2015 - Hiring & Firing Misuse of Public Funds Public Officials Public Schools TUPE UK Employment Appeal Tribunal Unfair Dismissal

Stress at Work: An Employer's Liability?

In Easton v B&Q Plc [2015] EWHC 880, the High Court considered whether an employer was liable for an employee’s psychiatric injury caused by work-related stress. Easton had been a high performing manager at B&Q for 10...more

5/29/2015 - Disability Discrimination Employer Liability Issues Mental Illness Work-Induced Stress

Collective Redundancy: European Judgment on Meaning of "Establishment"

The European Court of Justice (ECJ) has handed down its judgment in the longstanding litigation case of USDAW and another v WW Realisation 1 Ltd (C-80/14) concerning the meaning of “establishment” for the purposes of...more

5/29/2015 - CJEU Collective Redundancies Directive EU Hiring & Firing Redundancy Dismissals UK Employment Appeal Tribunal

New Tribunal Compensation Limits 2015

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

5/1/2015 - Employment Tribunals Redundancy Dismissals Redundancy Payments UK

Variation Clause Could Not be Relied on to Make Unilateral Changes

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

3/27/2015 - Paid Leave Sick Leave UK UK Employment Appeal Tribunal

Sending Pornographic Images was Gross Misconduct Even Though Not Discovered For Several Years

In Williams v Leeds United Football Club [2015] EWHC 376 (QB), the High Court considered whether sending pornographic images from a work e-mail amounted to gross misconduct which would justify termination without notice, even...more

3/27/2015 - Email Hiring & Firing Photographs Pornography Willful Misconduct

TUPE: Single Employee Constituted an Organised Grouping of Employees

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

3/27/2015 - TUPE UK

Constructive Dismissal Claim Was Barred

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

2/25/2015 - Constructive Discharge Paid Leave Sick Leave UK UK Employment Appeal Tribunal

Collective Redundancy: Meaning of "Establishment"

The Advocate General (AG) of the European Court of Justice has issued his long anticipated opinion in the case of USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (C-80/14) concerning the meaning of...more

2/25/2015 - Collective Redundancies Directive Employer Liability Issues EU UK Employment Appeal Tribunal

Unpaid Company Director-Shareholder was an Employee

In Stack v Ajar-Tec Ltd [2015] EWCA Civ 46, the Court of Appeal considered whether a director-shareholder, who performed work for a company without pay, was an employee....more

2/25/2015 - Appeals Constructive Discharge Directors Employee Definition Employer Liability Issues Shareholders Unpaid Wages

Employee Based in Australia Covered by UK Employment Rights

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

2/2/2015 - Australia Employer Liability Issues Jurisdiction Traveling Employee UK UK Employment Appeal Tribunal

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

1/30/2015 - Due Diligence Employer Liability Issues Employment Contract Employment Tribunals Indemnity Agreements TUPE UK Employment Appeal Tribunal Unfair Dismissal Willful Misconduct

New Rules Extend EU Jurisdiction in Employment Contract Disputes

On 10 January 2015, new rules came into force under which an EU-based employee can now bring proceedings arising out of their employment contract against their non-EU employer, even if that employer has no presence in the EU....more

1/30/2015 - Employer Liability Issues Employment Contract EU Jurisdiction New Regulations

Consideration for Restrictive Covenants

In Re-use Collections Limited v Sendall & May Glass Recycling Limited 2014 EWHC 3852, the High Court considered the enforceability of restrictive covenants introduced during the course of employment and in respect of which no...more

12/31/2014 - Consideration Employer Liability Issues Employment Contract Restrictive Covenants

Offensive Twitter Comments and Unfair Dismissal

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

12/31/2014 - Employment Tribunals Termination Twitter UK

Contract Variations: Implied Acceptance?

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

12/31/2014 - Employment Contract Employment Tribunals UK

Non-Guaranteed Overtime to be Included in Holiday Pay

Following on from our Hot Off The Press legal update, we report in more detail below on the much publicised decision of Bear Scotland Ltd v Fulton UKEATS/0047/13 & Others in which the UK Employment Appeal Tribunal (EAT)...more

12/2/2014 - Employment Tribunals Holiday Pay UK Unpaid Overtime

Hot off the Press: UK Holiday Pay - All Change?

A decision reached on 4 November 2014 by the Employment Appeal Tribunal is likely to have major implications for employers calculating holiday pay. The EAT found that overtime which an employee was required to work should be...more

11/6/2014 - Employee Rights Employment Tribunals Holiday Pay UK Wage and Hour

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

10/31/2014 - Disciplinary Proceedings Duty of Care Employer Liability Issues Workplace Investigations

Employee's Fundamental Breach Was No Bar to Constructive Dismissal Claim

In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a constructive dismissal claim...more

10/31/2014 - Constructive Discharge Employment Contract Employment Tribunals UK

ICO Issues Warning over Misuse of Personal Data

The warning follows the recent Magistrate's Court decision which saw the ICO use its enforcement powers to bring criminal proceedings against a paralegal at a law firm, for unlawfully obtaining personal data. The paralegal...more

10/31/2014 - Data Protection Electronically Stored Information ICO Personally Identifiable Information UK

Acas Early Conciliation Statistics

As we reported in March this year, a new scheme came into force on 6 April 2014 which requires a prospective claimant to contact Acas (the UK employment conciliation service) before they can bring a claim in the Employment...more

10/2/2014 - Employer Liability Issues Employment Tribunals UK

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