Emma Vennesson

Emma Vennesson

Faegre Baker Daniels

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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

US Citizen Could Not Bring Claims in the UK

In Fuller v United Healthcare Services Inc & Anor UKEAT/0464/13/BA, the Employment Appeal Tribunal (EAT) considered whether a US citizen who spent approximately half his time working in the UK could bring statutory employment...more

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

TUPE: Service Provision Change

In Costain Ltd v Armitage UKEAT/0048/14, the Employment Appeal Tribunal (EAT) considered the correct test to be applied to determine whether an employee's employment transferred under TUPE in the context of a service...more

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

Court Was Wrong to Re-Write Covenants

In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more

8/28/2014 - Appeals Contract Disputes Employment Contract Non-Compete Agreements Restrictive Covenants UK

Employee Resignation in Breach of Contract

Mr Rodgers worked as a broker for Sunrise Brokers LLP (Sunrise). He was subject to a 12-month notice period and enforceable post-termination non-compete restrictions. In March 2014, he accepted an offer of employment from a...more

8/28/2014 - Breach of Contract Employer Liability Issues Hiring & Firing Non-Compete Agreements UK

Illegal Worker Could Bring Discrimination Claim

Ms Hounga, a Nigerian national, lived and worked illegally in the UK. She worked as a live-in nanny and housekeeper for Mrs Allen, who had played a significant part in bringing Ms Hounga illegally into the UK. Mrs Allen...more

8/28/2014 - Discrimination Employee Rights Immigrants UK Undocumented Immigrants

HR Letter Had Contractual Effect

In Hershaw v Sheffield City Council UKEAT/0033/14/BA, the Employment Appeal Tribunal (EAT) considered whether a grievance outcome letter from an HR consultant setting out better terms of pay for the aggrieved employees was...more

8/1/2014 - Employer Liability Issues Employment Tribunals Grievance Process Offer Letters UK

All Change for Holiday Pay?

The European Court of Justice (ECJ) has considered whether commission payments should be taken into account when calculating holiday pay in the recent case of Lock v British Gas Trading Limited (C-539/12)....more

8/1/2014 - Employer Liability Issues European Court of Justice Holiday Pay Over-Time Sales Commissions Wage and Hour

Is Obesity a Disability?

The Advocate General (the top legal counsel of the European Court of Justice (ECJ)) has given his opinion on whether obesity is a disability for the purposes of EU discrimination law in the case of Karltoft v Municipality of...more

8/1/2014 - Disability ECJ EU Obesity

Changes to Flexible Working

The new Flexible Working Regulations 2014 come into force today (30 June 2014) and introduce a number of significant changes, including the following: -All employees with 26 weeks' service can now make a request to work...more

7/1/2014 - Flexible Work Arrangements UK

Employed vs Self Employed Status

Mr Conroy, a referee, brought a claim for unfair dismissal against the Scottish Football Association (SFA). The Employment Tribunal agreed with the SFA's argument that Mr Conroy was self-employed (as opposed to an employee),...more

7/1/2014 - Hiring & Firing Independent Contractors Referees Soccer Sports Termination Unfair Dismissal

Resignation and Constructive Dismissal

In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he had delayed in resigning....more

7/1/2014 - Constructive Discharge Employer Liability Issues Employment Tribunals Hiring & Firing Resignation UK

Failure to Provide Information under TUPE

In Allen & ors v Morrisons Facilities Services Limited [2013] UKEAT 0298, the Employment Appeal Tribunal (EAT) considered whether employees transferring under TUPE could bring a claim against their new employer, where the new...more

5/30/2014 - Employer Liability Issues Hiring & Firing TUPE UK

Constructive Dismissal and Post-Resignation Conduct

In Cockram v Air Products Limited UKEAT/0038/14, the Employment Appeal Tribunal (EAT) held that an employee had lost the right to claim constructive dismissal because he had given his employer a much longer notice period than...more

5/30/2014 - Employment Contract Employment Tribunals Hiring & Firing Termination UK Written Notice

Damages for Breach of a 12-Month Non-Compete Covenant

In Merlin Financial Consultants Ltd v Cooper [2014] EWCH 1196, the High Court awarded damages to an employer where the employee had breached a 12-month non-compete covenant in a business (rather than employment) agreement. ...more

5/30/2014 - Breach of Contract Damages Non-Compete Agreements Restrictive Covenants

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