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Month: July 2012

Fiduciary duties and the importance of updating employment contracts

Posted on 25 July 2012 (26 November 2020) by David Widdowson

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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Posted in Employment/Labour Law, INSIGHTS, UK NewsLeave a comment

Auto-enrolment update – new employer pension duties come into force

Posted on 23 July 2012 (2 March 2021) by Gary Cullen

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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Posted in Compensation and Benefits, Pensions, UK NewsLeave a comment

Can employers withhold contractual payments if they become aware of gross misconduct?

Posted on 23 July 2012 (26 November 2020) by David Widdowson

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. […]

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Posted in Employment/Labour Law, INSIGHTS, UK NewsLeave a comment

Employees do not have a legal right to be accompanied by their lawyer at a disciplinary hearing

Posted on 23 July 2012 (26 November 2020) by David Widdowson

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. […]

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Posted in Employment/Labour Law, INSIGHTS, UK NewsLeave a comment

Enterprise and Regulatory Reform Bill

Posted on 23 July 2012 (26 November 2020) by Guy Abbiss

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. […]

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Posted in Compensation and Benefits, Corporate All, Corporate Governance, Employment/Labour Law, UK NewsLeave a comment

Unfair selection for redundancy

Posted on 17 July 2012 (26 November 2020) by David Widdowson

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. […]

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Posted in Employment/Labour Law, INSIGHTS, UK NewsLeave a comment

UK ordinary residence

Posted on 17 July 2012 (22 April 2021) by Matthew Fox

HM Treasury has published draft legislation in relation to the abolition of ordinary residence for all tax purposes other than overseas workday relief. […]

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Posted in Expatriates, INSIGHTS, International Assignments, Tax/Social Security, UK NewsLeave a comment

Employees who are sick during their holiday can take that holiday entitlement at a later date

Posted on 17 July 2012 (26 November 2020) by David Widdowson

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. […]

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Posted in Employment/Labour Law, INSIGHTS, UK NewsLeave a comment

Employee who filed her claim for breach of contract 3 months too late is allowed to proceed with her claim

Posted on 17 July 2012 (26 November 2020) by David Widdowson

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. […]

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Posted in Employment/Labour Law, UK NewsLeave a comment

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