Victoria FitzGerald

Victoria FitzGerald

Faegre Baker Daniels

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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

Monitoring of Employee Communications

In Barbulescu v Romania 61496/08 [2016] ECHR 61, the European Court of Human Rights (ECHR) considered whether an employer’s monitoring of an employee’s private communications had breached his right to privacy under the...more

1/29/2016 - Email Employee Privacy Rights European Court of Human Rights

Breach of Confidentiality Amounted to Gross Misconduct

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

12/31/2015 - Breach of Contract Confidentiality Agreements Employment Contract Gross Misconduct Hiring & Firing Termination Clauses UK

Duty to Make Reasonable Adjustments Could Apply to Attendance Management Policy

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

12/31/2015 - Disability Discrimination Reasonable Accommodation UK UK Employment Appeal Tribunal

EU Update: Definition of "Redundancy" Extended for Purposes of Collective Redundancy

In Pujante Rivera v Gestora Clubs Dir SL and another (C-422/14), the European Court of Justice (ECJ) considered whether a resignation resulting from an employer’s unilateral change to an employee’s contract of employment...more

12/31/2015 - Collective Redundancies Directive Employment Contract EU European Court of Justice (ECJ) Resignation

Consistency of Treatment Following Office Party Brawl

In MBNA Limited v Jones UKEAT/0120/15, the Employment Appeal Tribunal (EAT) considered whether the inconsistent treatment of two employees arising from the same incident rendered the dismissal of one of them unfair....more

12/1/2015 - Gross Misconduct Hiring & Firing UK Employment Appeal Tribunal Unfair Dismissal Workplace Violence

Dismissal of Employee on Long-Term Sick Leave

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

12/1/2015 - Disability Discrimination Employee Benefits Hiring & Firing Sick Leave UK UK Employment Appeal Tribunal Wage and Hour

Data Subject Access Requests

A number of individuals made a data subject access request (DSAR) to a law firm for disclosure of all data held about them. It was accepted that the DSAR was made in the context of litigation, with a view to obtaining early...more

10/30/2015 - Appeals Discovery

Integration Into a Group Company Can Trigger TUPE

In Ferreira da Silva e Brito v Estado portuges (C-160/14), the European Court of Justice (ECJ) considered whether there had been a “transfer of a business” and therefore whether the Portuguese equivalent of TUPE applied....more

10/30/2015 - Asset Transfer EU European Court of Justice (ECJ) Portugal TUPE

Companies Can Claim Discrimination

In EAD Solicitors LLP v Abrams UKEAT/0054/15/DM, the Employment Appeal Tribunal (EAT) considered whether an age discrimination claim could be brought by a company rather than an individual....more

10/30/2015 - Age Discrimination Limited Liability Partnerships Limited Partnerships Standing UK Employment Appeal Tribunal

Court of Appeal Rejects Challenge Against Employment Tribunal Fees

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

10/1/2015 - Filing Fees UK UK Employment Appeal Tribunal

Employee on Long-Term Sick Leave Did Not Transfer Under TUPE

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

10/1/2015 - Employee Transfers Ericsson Hiring & Firing Sick Leave UK UK Employment Appeal Tribunal

Warning to HR Against Over Involvement in Disciplinary Investigations

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

10/1/2015 - Disciplinary Proceedings Employer Liability Issues Human Resources Professionals Internal Investigations UK UK Employment Appeal Tribunal

Court of Appeal Grants Anti-Suit Injunction

In the case of Petter v EMC Corporation [2015] EWCA Civ 828, the Court of Appeal has granted an injunction restraining non-compete proceedings in the U.S. In doing so, it overturned the High Court’s decision that we reported...more

8/31/2015 - Anti-Suit Injunctions Choice-of-Venue Exclusive Jurisdiction Forum Selection Injunctions International Labor Laws International Litigation Multinationals Non-Compete Agreements Restraining Orders

Old Facebook Comments Justified Dismissal

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

8/31/2015 - Appeals Disciplinary Proceedings Facebook Gross Misconduct Reversal UK UK Employment Appeal Tribunal Unfair Dismissal Unions

Proposals to Simplify the Tax Treatments of Termination Payments

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

8/31/2015 - Income Taxes Redundancy Dismissals Tax Exemptions Termination Termination Payments Termination Rights UK Unfair Dismissal

Holiday Pay Claims: Latest Developments

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

8/3/2015 - Holiday Pay Remuneration UK UK Employment Appeal Tribunal Wage and Hour

Collective Redundancy Consultation

In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more

8/3/2015 - Breach of Contract Collective Redundancy Consultations Damages Private Schools Punitive Damages Termination UK Employment Appeal Tribunal

"Irreconcilable Clash" of Jurisdictions

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

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

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 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

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