Alex Denny

Alex Denny

Faegre Baker Daniels

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Latest Publications


Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

3/3/2017 - Employment Contract KBR (formerly Kellogg Brown & Root) Redundancy Dismissals UK UK Employment Appeal Tribunal

Does Long-Term Stress Amount to a Disability?

The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more

3/2/2017 - Disability Discrimination Employer Liability Issues Hiring & Firing UK UK Employment Appeal Tribunal

Can Gross Negligence Constitute Gross Misconduct?

The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving regional manager at a...more

3/2/2017 - Gross Misconduct Gross Negligence Hiring & Firing UK

Latest "Gig Economy" Case: Courier Held to Be a Worker

In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more

2/1/2017 - Employment Tribunals Gig Economy Independent Contractors Misclassification UK Wage and Hour

Can Expired Warnings Be Taken Into Account When Deciding Whether to Dismiss?

In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee. Mr Stratford held...more

2/1/2017 - Employment Tribunals Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Gender Pay Gap Reporting: Are You Compliant?

The long-awaited rules on gender pay reporting are expected to come into force in April 2017. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 apply to all U.K. private and voluntary sector employers with...more

2/1/2017 - Equal Pay Gender Equity Gender-Based Pay Discrimination Pay Gap Wage and Hour

Can Rest Breaks Be ‘Refused' Even If Not Requested?

The Employment Appeal Tribunal (EAT) in Grange v Abellio London Ltd [2016] UKEAT/0130/16/DA Ltd considered whether an employee must ask for a rest break before claiming to have been refused one. Mr Grange was employed by...more

1/4/2017 - Employer Liability Issues Rest and Meal Break UK UK Employment Appeal Tribunal Wage and Hour

Assault Following Christmas Party – Was Employer Liable?

The High Court in Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) considered whether an employer was vicariously liable for an assault by a managing director after a work Christmas party. Following a work...more

1/4/2017 - Assault Employer Liability Issues Holiday Parties UK

European Court of Justice: Can Temporary Incapacity of an Unknown Duration Constitute a Disability?

The European Court of Justice (ECJ) in Mohamed Daouidi v Bootes Plus S.L. (Case C-395/15) (2015/C 354/22) considered whether the dismissal of a worker due to temporary incapacity (but of unknown duration) could constitute...more

1/4/2017 - Disability Discrimination EU European Court of Justice (ECJ) Wrongful Termination

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

12/2/2016 - Employer Liability Issues Employment Tribunals Independent Contractors Misclassification Uber UK Wage and Hour

Unfair Dismissal and Appropriateness of Final Written Warning

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more

12/2/2016 - Disciplinary Proceedings Gross Misconduct Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Enforceability of Restrictive Covenants in Transactional Agreements

In Rush Hair Ltd v Gibson-Forbes [2016] EWHC 2589, the High Court considered the enforceability of two-year restrictive covenants contained in a share purchase agreement. Rush Hair Ltd (Rush), a chain of hairdressing...more

12/2/2016 - Restrictive Covenants Share Purchase Agreements UK

Breaking Brexit News: High Court Decision Carries Potentially Historic Implications

On November 3, 2016, the High Court handed down potentially the U.K.’s most significant constitutional decision of the century. The Court determined that the Government cannot trigger Article 50 of the Lisbon Treaty without...more

11/4/2016 - Article 50 Treaty of the EU EU European Communities Act Member State Referendums UK UK Brexit

Court of Appeal Decision in Lock: Holiday Pay Should Include Commission

The Court of Appeal has given its much anticipated decision in British Gas Trading Ltd v Lock A2/2016/1163. Confirming the earlier decision of the Employment Appeal Tribunal, the Court of Appeal has held that U.K. law should...more

11/1/2016 - Appeals Holiday Pay UK UK Employment Appeal Tribunal Wage and Hour

Discrimination: Sexual Orientation vs Religious Belief

In the case of Lee v Ashers Baking Co Ltd [2016] NICA 39, the Northern Ireland Court of Appeal considered how to treat competing characteristics protected under anti-discrimination law, namely sexual orientation and religious...more

11/1/2016 - Ireland Religious Freedom Sexual Orientation Sexual Orientation Discrimination

TUPE: Service Provision Change

In Salvation Army Trustee Company v Bahi UKEAT/0120/16, the Employment Appeal Tribunal (EAT) considered the correct approach to determining whether activities carried out before and after a service provision change under TUPE...more

11/1/2016 - TUPE UK UK Employment Appeal Tribunal

Can an Expatriate Employee Bring a Claim in the U.K.?

In Jeffery v The British Council UKEAT/0036/16, the Employment Appeal Tribunal (EAT) considered whether an expatriate employee could bring claims under U.K. employment legislation. Mr Jeffery was employed by a public...more

9/29/2016 - Hiring & Firing Jurisdiction UK UK Employment Appeal Tribunal

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as...more

9/29/2016 - Disability Discrimination Hiring & Firing Reasonable Accommodation UK UK Employment Appeal Tribunal

Was There a Service Provision Change?

In CT Plus (Yorkshire) CIC v Black and others UKEAT/0035/16, the Employment Appeal Tribunal (EAT) considered whether TUPE applied when a park-and-ride service was changed. Hull City Council engaged a bus company called...more

9/29/2016 - TUPE UK UK Employment Appeal Tribunal

Proposed Changes to the Taxation of Termination Payments

Following a consultation on the taxation of termination payments launched in summer 2015, the U.K. government has proposed a number of measures intended to take effect in April 2018, including: - Making all payments in...more

9/6/2016 - Income Taxes National Insurance Contributions PILONs Termination Payments UK

Does the ACAS Code Apply to SOSR Dismissals?

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

9/6/2016 - Disciplinary Proceedings Grievance Process Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Dress Policy and Religious Discrimination

In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more

9/6/2016 - Advocate General EU European Court of Justice (ECJ) Freedom of Religion Popular Religious Clothing Religious Discrimination

Territorial Scope of U.K. Discrimination Legislation

In R (Hottak and another) v The Secretary of State for Foreign and Commonwealth Affairs [2016] EWCA Civ 438, the Court of Appeal considered the territorial reach of U.K. discrimination legislation. The claimants were two...more

8/1/2016 - Discrimination Employment Contract UK

Subconscious Discrimination in the Workplace

In Geller v Yeshurun Hebrew Congregation UKEAT/2016/0190, the Employment Appeal Tribunal (EAT) considered the concept of subconscious discrimination under U.K. discrimination law. Mr and Mrs Geller worked for the...more

8/1/2016 - Sex Discrimination UK UK Employment Appeal Tribunal Wage and Hour

Constructive Dismissal and Managing Departures

In Gibbs v Leeds United Football Club Ltd [2016] EWHC 960 (QB), the High Court considered whether changes to an employee’s duties amounted to a fundamental breach of contract entitling him to bring a claim for constructive...more

8/1/2016 - Breach of Contract Dismissals Employment Contract Job Duties UK

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