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UK: Jurisdiction - claims for EU-derived rights may only be brought in the UK if working within the EU
In Wittenberg v Sunset Personnel Services the EAT has reiterated its view, originally given in Hasan v Shell International (see our blog post), that …
UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and …
UK: Disciplinary policies - employers should review provisions on expiry of warnings
Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what …
UK: Relocation on redundancy - mobility clause dismissal will be unfair if clause is too wide or operated unreasonably
The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to …
UK: Disability-related discrimination - extra care needed when dismissing for misconduct
Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York Council …
UK: Gig economy - further rulings finding worker status
We recently reported on the tribunal ruling that Uber drivers were 'workers' entitled to statutory rights such as holiday and minimum wage (see here). …
Updated HSF multi-jurisdictional guide to employee issues in business transfers
Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant …
UK: Data protection - Court of Appeal ruling on subject access requests, prosecution for taking client data to a competitor, and new guidance
The Court of Appeal has clarified that non-compliance with a subject access request (SAR) cannot be justified on the ground that the requester has a …
UK: Discretionary benefits - how absolute is an employer’s discretion?
It is tempting, when seeing the words ‘any bonus payment shall be at the company's absolute discretion’ in an employment contract to think that the …
UK: Acas/GEO publish draft guidance on gender pay gap reporting
On 28 January 2017 Acas and the Government Equalities Office published draft guidance on the new gender pay gap reporting obligation, available here. …
UK: Employees in the boardroom – learning the lessons of Bullock
The last half of 2016 saw a number of developments in the corporate governance field, kicked off by Theresa May's leadership campaign speech and followed …
UK: Working time - employers must ensure that workers can take rest breaks
Employers should review their working arrangements to ensure they allow workers to take their statutory rest breaks. Rejecting earlier conflicting EAT …
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