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Employment Contract UK Employment Appeal Tribunal

BCLP

UK HR Two Minute Monthly: January 2024

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Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more

Dechert LLP

Key Developments for Employers in the UK - Issue 4

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Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more

BCLP

UK HR Two Minute Monthly: non-compete covenants, serial tribunal litigants, statutory pay increases and right to work checks

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Our April update considers key employment law developments from March 2022. It includes a new case on non-compete  covenants, increases to statutory pay limits, changes to right to work checks and a case looking at the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2022

In this issue, we examine the latest employment law developments, news and insights from the U.K., including a Supreme Court decision on when pay offers to union members outside the collective bargaining process are unlawful,...more

BCLP

UK HR Two Minute Monthly - February 2022

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Our February update covers key employment law developments from January 2022. It also includes recent cases on gross misconduct/lodging multiple and vexatious grievances, if a “franchisee” delivery driver with rights of...more

BCLP

UK HR Two Minute Monthly: post-termination restrictions; discrimination and victimisation claims; right to respect for private...

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Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more

Morgan Lewis

UK Employment Status Development: Foster Carers Are Classed As Employees

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After a recent decision by the UK Employment Appeal Tribunal, councils and similar institutions across the United Kingdom may want to reassess the terms of their agreements with individuals providing services, and...more

Dorsey & Whitney LLP

Don’t Keep Your Employees in Suspense

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UK employers should proceed with caution when suspending employees, and always consider carefully whether taking such action is appropriate in the circumstances, as highlighted by the recent case in the Employment Appeal...more

Hogan Lovells

Employment News: holiday pay, NDAs, trade unions

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No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Disciplinary Proceedings, Compensation on an Unfair Dismissal and Religious Discrimination

Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed? In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Collective Redundancies, Post-Termination Restrictions and Disability Discrimination

Collective Redundancies: What Is an “Undertaking Controlling the Employer?” In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more

Hogan Lovells

Employment news - November 2018

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Informed choice – choosing English law relevant to jurisdiction - In The British Council v Jeffery and Green v SIG Trading Ltd the Court of Appeal confirmed that choosing English law to govern an employment contract is a...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Transfer of an Undertaking Hits a Roadblock, Whistleblower Disclosures and the Latest in Employment...

Did a Temporary Break in Activities Prevent the Transfer of an Undertaking? In Colino Sigüenza v Ayuntamiento de Valladolid (C-472/16), the European Court of Justice (ECJ) considered whether a five-month break in...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Rising Employment Tribunal Claims, Serious Employee Misconduct and Who Is the True Employer

A Year on: The Continued Rise of Employment Tribunal Claims - The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more

Hogan Lovells

Employment News - February 2018

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Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

Faegre Drinker Biddle & Reath LLP

Expatriate Employees and the Territorial Jurisdiction of U.K. Employment Tribunals

In Green v SIG Trading Ltd [2017] UKEAT 0282_16_2405 the Employment Appeal Tribunal (EAT) examined the test for determining whether a U.K. Employment Tribunal had jurisdiction to hear statutory U.K. employment claims brought...more

Faegre Drinker Biddle & Reath LLP

Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

Proskauer Rose LLP

A Month in UK Employment Law - November 2016

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Taxation of termination payments draft legislation published - At present, in certain circumstances the first £30,000 of a termination payment is exempt from income tax and national insurance ("NIC"). However, there have...more

Faegre Drinker Biddle & Reath LLP

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

K&L Gates LLP

Case Alert: No Implied Duty to Disclose Allegations of Misconduct in Absence of Express Contractual Obligation

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What happened? In The Basildon Academies v Amadi, the Employment Appeal Tribunal (the "EAT") decided that an employee was not under an implied duty to disclose allegations of misconduct to his employer where there was no...more

McDermott Will & Emery

Flexibility Clauses: Worth the Paper They’re Written On?

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A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and...more

Faegre Drinker Biddle & Reath LLP

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

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