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UK: Supreme Court implies term that notice only starts to run once employee has received and had an opportunity to read it
The Supreme Court has ruled that, in the absence of an express contractual provision to the contrary, notice of dismissal by post starts to run when the …
UK: employers should update template termination agreements in light of April tax changes and developments on NDAs
The tax treatment of payments for termination of employment has changed for terminations taking place on or after 6 April (see our earlier blog post …
EU: Commission publishes draft whistleblowing directive
The European Commission has published a new draft directive to strengthen whistleblower protection across the EU. The proposal is to provide …
UK: Supreme Court rules that negotiating damages will not be available for breach of employment covenants in most cases
Negotiating damages (or 'Wrotham Park' damages) are damages for such amount as would notionally have been agreed between the parties, acting reasonably, …
UK: The gender pay gap deadline has passed - what next for employers?
The deadline for larger employers to publish their gender pay gap reports passed on 4 April 2018, with around 1500 employers in default. The Equality and …
UK: Unilateral variation to terms may not be effective even where employees continue to work without expressly reserving their position
Employers wishing to change terms of employment should bear in mind that imposing a change unilaterally may not be effective even if the change is of …
UK: scope of duty of care when writing reference with opinion based on earlier investigation
Employers will welcome a High Court ruling in Hincks v Sense Network that the duty of care to an ex-employee, when giving a reference detailing opinions …
UK: consultation on parental bereavement leave and pay
The Government is supporting a private member's bill which, subject to Parliamentary approval, will require the Secretary of State to introduce …
UK: April 2018 changes to statutory benefits, tribunal compensation, minimum wage
From 6 April 2018, the cap on the unfair dismissal compensatory award increases from £80,541 to £83,682 and the cap on weekly pay (used to calculate …
UK: Unfair dismissal rulings on reasonable responses test, bumping, and egregious breaches
An employee's refusal to accept that they have breached their duties is relevant to whether dismissal is within the range of reasonable responses for …
UK: working time rights and injury to feelings awards
Two recent cases have established that tribunals cannot award compensation for injury to feelings where a worker is prevented from exercising his working …
UK: jurisdiction clause in settlement agreement did not prevent proceedings where employee domiciled
The Commercial Court has ruled that a Dutch jurisdiction clause in a settlement agreement waiving claims on termination did not prevent an employer suing …
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