Unfair Dismissal

News & Analysis as of

Harassment and Political Belief

In the case Henderson v GMB, the UK's Employment Appeal Tribunal (EAT) had to consider whether the claimant had been subjected to harassment related to his beliefs. The claimant in the case was a trade union official who had...more

Be Global - March 2015

Brazil: Limit on Employer Obligation to Deduct Union Dues - The Brazilian Supreme Court has recently enacted Binding Precedent no. 40, which states that union support contributions are only payable by those who are...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Contractual flexibility clauses must be clear and unambiguous to give an employer a right to make unilateral changes

In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make...more

ArbG Solingen: Unternehmen muss Vorgesetztem trotz Missbrauchsverdachts nicht kündigen

Ein Arbeitgeber muss einen Manager, der einen anderen Arbeitnehmer sexuell missbraucht haben soll, nicht entlassen. Das entschied das Arbeitsgericht Solingen kürzlich (ArbG Solingen, Urt. v. 24.02.2015, Az. 3 Ca 1356/13). Der...more

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2015, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Federally regulated employers take note.  The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code (the...more

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

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

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2014, as will the weekly wage figure for calculating statutory redundancy payments....more

UK Employment Law – A Year In Perspective – Changes Past and on the Horizon

2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes. This...more

International Employment Law Review - August 2013 - Issue 4: An Overview of Labor and Employment in England and Wales

Fees in Employment Tribunals - In an effort to shift the burden of tribunal costs away from the taxpayer and to the parties using the service, the Employment Tribunals and the Employment Appeals Tribunal Fees Order...more

Cheaper to Dismiss?

Legislation came into force in the UK on 29 July 2013, limiting the amount an employee can receive by way of compensation for unfair dismissal to the lower of £74,200 or 52 weeks’ gross pay. ...more

Important Changes to UK Employment Law Take Effect

New Employment Tribunal rules, new provisions on pre-termination negotiations, and changes regarding collective redundancy consultation apply from 29 July. On 29 July, key changes to UK employment law came into force....more

Important Changes to UK Employment Law Effective 29 July 2013

Significant changes are being made to UK employment law with effect from 29 July 2013. These form part of a raft of legislative changes being introduced throughout 2013, details of which are summarised in the table that...more

Key Financial Threshold Changes Effective 1 July 2013

A number of employment related financial thresholds are indexed annually. Below is a summary of some important changes effective 1 July 2013....more

Quick Tips on Dealing with Employment Termination Issues in China

On June 21, 2013, a United States medical supplies company executive was taken captive by Chinese employees in his Beijing factory. The employees have stated that the owner owes them two months’ back pay and expressed concern...more

Workplace Changes Applicable From 1 July 2013

There are a number of workplace changes which come into effect on Monday 1 July 2013. Businesses should be aware of these changes and review current practices, policies and procedures to ensure that they are compliant....more

Be Alert Asia: EmploymentLaw Newsletter: Redundancy and reductions in force - A key employment law challenge

Welcome to the first edition of DLA Piper's Asia Pacific employment law newsletter Be Alert Asia Pacific. This newsletter will focus on key employment law topics and issues affecting human resources professionals, management...more

Introduction of Fees in UK Employment Tribunal Claims

The Government has now announced the implementation date - Monday 29 July 2013 - for the introduction of the payment of fees in relation to Employment Tribunal claims. A claimant will be required to pay an “issue fee” on...more

Government gives go ahead for new employment status

On 3 December 2012, the UK Government published its response to a consultation paper on the Chancellor’s proposal for implementing a new “employee shareholder” status. Whilst acknowledging that only “a very small number of...more

UK Employment Compensation Payments Increase

Annual increase on certain statutory payments takes effect from 1 February. On 1 February, the annual increase on certain statutory payments comes into effect. The key changes are the following...more

A Month in UK Employment Law - January 2013

In This Issue: - 2013 – What's On the Horizon - Changes Confirmed - Changes Expected In 2013 But No Implementation Date ...more

Increase in UK Compensation Limits

From 1 February 2013 the maximum compensation that the Employment Tribunal can award for unfair dismissal (save in the exceptional cases such as whistleblowing, where no cap applies to the compensatory award) will increase,...more

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