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Searching Content indexed under Employment Litigation/ Tribunals by Hogan Lovells ordered by Published Date Descending.
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1
Noteworthy – No Holiday Pro-Rating For "Part Year" Music Teacher
The issue for the Court of Appeal in The Harpur Trust v Brazel was how to calculate holiday entitlement for a permanent employee
UK
11 Sep 2019
2
Ask, Don't Get – Agency Worker Had No Right To Same Hours As Employees
Under the Agency Workers Regulations (AWR) after a twelve week qualifying period, agency workers have the right to the same
UK
1 Aug 2019
3
Not All In A Day's Work. Facebook Post Not "In The Course Of Employment"
An employer is only vicariously liable for acts of employees if those acts are done "in the course of employment". In LHR Airport Ltd v Forbes the EAT considered whether a Facebook
UK
23 Jul 2019
4
Cut It Out! Covenant Severed To Make It Enforceable
The courts have blown hot and cold about how far it is possible to sever a covenant that goes beyond what is reasonably necessary in order to make it enforceable.
UK
23 Jul 2019
5
What's The Cost? Pay Progression Scale Not Age Discriminatory
An employer cannot justify a provision that is otherwise indirectly discriminatory on the basis of cost alone.
UK
10 Jul 2019
6
Tell Me More. Disclosures Did Not Contain Sufficient Information
Employees will be protected as whistleblowers if they have disclosed information that they reasonably believe tends to show that someone has failed to comply with a specified matter.
UK
10 Jul 2019
7
Perception Is King – Rejection For Hearing Impairment Perceived Disability Discrimination
In The Chief Constable of Norfolk v Coffey the Court of Appeal has considered the issue of perceived disability discrimination for the first time.
UK
10 Jul 2019
8
Veto Rights – Pay Offer To Employees Not An Unlawful Inducement
It is unlawful for an employer to make an offer to a union member if the purpose of making the offer is that the terms of employment, or one such term, will not be or will no longer be determined
UK
28 Jun 2019
9
Too Remote – Claim Against Co-Workers Outside Great Britain Dismissed
A tribunal or court can only hear a whistleblowing claim against a British employer from someone working outside Great Britain if there is a stronger connection with Great Britain and British employment law...
UK
28 May 2019
10
Unrecognisable – No Right To Collective Bargaining With Outsourcing Client
Under the statutory trade union recognition procedure, the Central Arbitration Committee (CAC) will not accept a recognition application unless the application is for recognition by the employer
UK
30 Apr 2019
11
Truth Be Told – Credibility Findings Required Appeal But Not Investigation
In most disciplinary situations it will be part of a fair process for an employer to carry out an investigation into suspected misconduct before deciding to take disciplinary action.
UK
30 Apr 2019
12
Space Invaders – Parking Policy Relevant To Reasonable Adjustments Claim
When a member of staff asks for reasonable adjustments, managers need to make sure that they are aware of relevant internal policies and procedures.
UK
30 Apr 2019
13
Proper Cause – Suspension Not A Repudiatory Breach Of Contract
It has been clear for a number of years that suspending an employee who is facing disciplinary allegations could amount to a breach of the implied duty of mutual trust and confidence.
UK
5 Apr 2019
14
Employment Law Newsletter – March 2019
Our Paris office is pleased to present its monthly newsletter on employment matters.
France
5 Apr 2019
15
Pre-Suspension Hearings, No More?
Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena).
South Africa
3 Apr 2019
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