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How to cure a potential constructive dismissal

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359 of 359 posts
13 August 2012
How to cure a potential constructive dismissal
An employee who was vindicated by his employer following an unfair suspension could not claim constructive dismissal. Employment contracts contain express and implied terms. One such implied term is the…
6 August 2012
Do independent contractors have worker status?
The Court of Appeal held that a doctor who provided services to customers of a clinic was a ‘worker’ and accordingly could bring claims for unlawful deductions from wages and…
6 August 2012
HMRC issues guidance on share-based payments made after the cessation of employment
This guidance sets out answers to frequently asked questions concerning the application of the '0T' tax code to share-based payments made following the cessation of employment. From 6 April 2012…
3 August 2012
Sick employees need not request carry-over of holiday entitlement
Employees who are dismissed whilst on long term sick leave do not need to request ‘carry-over’ of untaken holiday in order to receive a payment in lieu of such holiday.…
25 July 2012
Fiduciary duties and the importance of updating employment contracts
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.…
23 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…
23 July 2012
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.…
23 July 2012
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…
23 July 2012
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. The proposals There are…
17 July 2012
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. Background The…