Victoria FitzGerald

Victoria FitzGerald

Faegre Baker Daniels

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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

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

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