Victoria FitzGerald

Victoria FitzGerald

Faegre Baker Daniels

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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

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

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