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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Category: Employment/Labour Law
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. […]
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. […]
High Court holds employers may be bound to pay bonuses communicated to employees
The High Court has held that where an employer announces that a particular sum has been set aside for bonuses, that could amount to a contractual entitlement to the bonus. […]
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Measuring Employee Engagement
A new study highlights the importance of relying on more than just scores from employee surveys in measuring levels of employee engagement in an organisation. […]
The EAT issues guidance on the transfer of employment under a service provision change
Is an employee who spends all of his time doing work for one client automatically an organised grouping of employees as required to establish a service provision change for the purposes of TUPE? […]