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The EAT considered whether an employee who said she was too ill to resign for 18 months and who received 39 weeks’ sick pay during that period had affirmed her contract.
It is possible for employers to defend unfair dismissal claims arising from inappropriate use of social media even if the misconduct is not work-related.
A recent case considered whether to strike out a caste discrimination claim on the basis that caste is not expressly stated in the Equality Act 2010.
A recent European Court of Justice decision suggests that obesity could be regarded as a disability for the purposes of EU (and UK) law.
There are two conflicting High Court decisions dealing with the question of whether a trustee in bankruptcy can force a bankrupt to draw down his pension so it can be made available to creditors.
Following years of litigation on collective redundancy folliwing the demise of Woolworths we may be on the cusp of a return to a more employer-friendly position.
The Court of Appeal has confirmed that an employment tribunal is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
This is a useful case for small employers who often rely on the advice of HR consultants.
The Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act.
Partner and head of social-housing finance Louise Leaver has discussed whether the housing crisis can be solved by delivering more social housing.
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
Workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable.
During the investigation, the employee in this case admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment.
In Z v A, it was decided that the dismissal of a school caretaker based on police information about an unproven allegation of historic child sex abuse was unfair.
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
The Queen has appointed the Reverend Canon John Rees, a Winckworth Sherwood senior parter, as one of her chaplains.
Winckworth Sherwood has created a dedicated tax team following the appointment of tax partner Simon Newsham.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been quoted in an article in The Guardian that discusses pre-nuptial agreements.
Winckworth Sherwood is set to attend MIPIM 2014 on 11–14 March in France. MIPIM is described as the leading real-estate event for property professionals.
Issue 3 of Winckworth Sherwood’s Need to Know employee law update is now available.