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UK: Termination - dismissal for tweets from private account may be fair
It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee's own time, depending on the facts. In …
UK: Termination - need for careful drafting of dismissal letter highlighted
Employers should avoid attaching emotive labels when informing employees of the findings of disciplinary panels. The Court of Appeal in Brito-Babapulle v …
UK: Remuneration - deduction of training costs from final salary payment on termination could lead to breach of national minimum wage regulations
Deductions from a final salary payment to repay training costs can only be ignored when calculating whether the employee has received the national …
UK: Statutory holiday - workers have right to carry over where prevented from taking holiday for reasons not limited to sickness
Workers who have been unable or unwilling to take their statutory holiday entitlement for reasons beyond their control, including but not limited to …
UK: Whistleblowing - normal jurisdictional test applies for unfair dismissal
The usual territorial limits for unfair dismissal claims apply to whistleblowing claims for automatically unfair dismissal or detriment, according to a …
UK: Government acts to limit backdated holiday pay claims with effect from 1 July 2015
The government has laid regulations before Parliament to impose a two-year limitation on unlawful deductions from wages claims. The regulations come into …
Europe: ECJ rules that obese employees may be disabled
In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail …
UK: TUPE - impact of transfer on time limit for harassment claim
A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass …
UK: Changing terms and conditions - need for acceptance and consideration
Employers wishing to change an employee's terms and conditions need to establish both the employee's agreement to the change, and that consideration has …
UK: Redundancy - preferential treatment required for employee on maternity leave where roles restructured
Where an employer decides to replace two roles, one of which is currently held by an employee on maternity (or other family-related) leave, with a new …
UK: Statutory holiday pay - no appeal over ruling on retrospective claims
In last month's e-bulletin we reported the landmark EAT judgment in Bear Scotland v Fulton that pay for the 4 weeks' EU statutory holiday …
UK: New publications - employment status review, industrial disputes report, and guidance on BYOD, tax-free childcare and surveillance
BIS has launched an employment review intended to "help clarify and potentially strengthen the employment status of up to a million British …
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