The Court of Appeal has decided that a senior employee did not owe a fiduciary duty or a duty of fidelity when he set out to compete with his employer. […]
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Month: July 2012
Auto-enrolment update – new employer pension duties come into force
On 30 June 2012, key provisions of the Pensions Act 2008 and Pensions Act 2011 came into force requiring all UK employers to enrol eligible jobholders automatically in a pension scheme. […]
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Can employers withhold contractual payments if they become aware of gross misconduct?
The Court of Appeal held that an employer could not withhold a contractual payment as the employee’s contract of employment allowed for such payment in the event of summary termination. […]
Employees do not have a legal right to be accompanied by their lawyer at a disciplinary hearing
The Court of Appeal has held that an employee did not have the right under the European Convention of Human Rights (ECHR) to legal representation during a disciplinary hearing which resulted in his dismissal. […]
Enterprise and Regulatory Reform Bill
The Government has tabled a Bill which is designed to implement a number of employment reforms on which it has been consulting since elected to office. […]
Unfair selection for redundancy
The Employment Appeal Tribunal (“EAT”) held that subjective redundancy criteria may be appropriate in certain cases, provided that they can be assessed in a dispassionate or objective way. […]
UK ordinary residence
HM Treasury has published draft legislation in relation to the abolition of ordinary residence for all tax purposes other than overseas workday relief. […]
Employees who are sick during their holiday can take that holiday entitlement at a later date
The European Court of Justice (“ECJ”) has confirmed that an employee who falls ill during a period of paid annual leave is entitled to take the affected days as paid annual leave at a later date. […]
Employee who filed her claim for breach of contract 3 months too late is allowed to proceed with her claim
The EAT has decided that an employee who was wrongly advised by her employer about the timeframe for bringing a claim could proceed with that claim despite filing it three months after the Employment Tribunal’s deadline had expired. […]