Emma Vennesson

Emma Vennesson

Faegre Baker Daniels

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Latest Publications


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

Meaning of "Philosophical Belief" Under U.K. Discrimination Law

In Harron v Dorset Police UKEAT/0234/15/DA, the Employment Appeal Tribunal (EAT) considered the scope of "philosophical belief" for the purposes of U.K. discrimination law. Mr Harron worked for the Dorset police force....more

7/1/2016 - Discrimination Employment Tribunals UK

Employment Status and Mutuality of Obligations

In Secretary of State for Justice v Windle and Arada [2016] EWCA Civ 459, the Court of Appeal considered whether the absence of mutuality of obligation between assignments was relevant in determining an individual’s...more

7/1/2016 - Appeals Hiring & Firing Race Discrimination UK

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

7/1/2016 - Employment Contract Employment Tribunals Hiring & Firing UK Unfair Dismissal

Fair Dismissal Where No Proof of Right to Work in U.K.

In Nayak v Royal Mail Group Ltd UKEATS/0011/15, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee who had failed to provide evidence of his right to work in the U.K. was fair. Mr Nayek...more

6/1/2016 - Dismissals UK UK Employment Appeal Tribunal Unfair Dismissal Work Visas

Right to Privacy in Disciplinary Proceedings

In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more

6/1/2016 - Disciplinary Proceedings Email Gross Misconduct Mobile Privacy UK UK Employment Appeal Tribunal

Update on Holiday Pay: Commission and Overtime

In the continuing litigation on holiday pay, the Employment Appeal Tribunal (EAT) in British Gas Trading Ltd v Lock UKEAT/0189/15 has confirmed that U.K. law should be interpreted in line with EU law which requires commission...more

6/1/2016 - Appeals Employee Commissions Holiday Pay UK UK Employment Appeal Tribunal Wage and Hour

Dismissal for "Pulling a Sickie" Was Fair

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more

5/2/2016 - Disciplinary Proceedings Gross Misconduct Hiring & Firing UK UK Employment Appeal Tribunal Unfair Dismissal

Non-Compete Restriction Held To Be Unenforceable

In Bartholomews Agri Food Ltd v Thornton [2016] EWHC 648 (QB), the High Court considered whether a non-compete post-termination restriction was an unlawful restraint of trade. Bartholomews Agri Food Ltd (Bartholomews)...more

5/2/2016 - Former Employee Hiring & Firing Non-Compete Agreements Restraint of Trade Restrictive Covenants UK

TUPE: Service Provision Change

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

5/2/2016 - Case Management TUPE UK UK Employment Appeal Tribunal

Was an Employer Liable for Assault Committed by its Employee?

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

4/2/2016 - Assault Employer Liability Issues Supreme Court of the United Kingdom UK Vicarious Liability

New Tribunal Compensation Limits 2016

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

4/1/2016 - Compensation Employment Tribunals Hiring & Firing Redundancy Payments UK Unfair Dismissal

U.K. Budget 2016: Key Employment-Related Measures

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

4/1/2016 - Budgets Corporate Counsel Minimum Wage Parental Leave Termination Payments UK Wage and Hour

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

3/1/2016 - Age Discrimination Early Retirement Employment Tribunals Redundancy Dismissals Royal Bank of Scotland UK Employment Appeal Tribunal

Dismissal for Sharing Confidential Information Was Unfair

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

Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more

1/29/2016 - Employment Contract Joint and Several Liability TUPE UK Employment Appeal Tribunal Unfair Dismissal

New Protection for Zero Hour Workers

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

1/29/2016 - Exclusivity Clauses Hiring & Firing UK Zero Hours Contracts

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