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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.
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.
Inflation has, in recent years, occupied an almost permanent slot in our news headlines.
The EAT considered whether an employee had accepted a change to her terms and conditions of employment by continuing to work for a period of nine years without expressly objecting to the change.
The recent case of Sefton Borough Council v Wainwright clarified the position. This case is especially relevant to employers who propose making redundancies in connection with a restructuring process.
The Employment Appeal Tribunal (EAT) ruling in Dyer v London Ambulance NHS Trust is a rare example of a case where no “reasonable adjustments” could be made to the workplace.
Winckworth Sherwood increases its employment team to five partners with the appointment of Withers’ Andrew Yule.
The Royal Bank of Scotland restructured the division in which Ms Palmer worked and she was placed at risk of redundancy.
The Employment Appeal Tribunal gave an important ruling on 4 November 2014 in Bear Scotland v Fulton.
The EAT has considered whether an employee who had repudiated his employment contract could bring a constructive dismissal claim following his employer’s subsequent repudiatory breach of contract.
Winckworth Sherwood partner James Lynas is quoted in The Daily Telegraph.
Winckworth Sherwood has been appointed as one of two legal advisers to Churchmarketplace, a purchasing consortium for Catholic schools.
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.
The Court of Appeal has considered whether the High Court made the right decision in re-writing a 12-month non-compete covenant so that it made commercial sense.
The EAT considered whether a clause, which enabled the employer to deduct a month’s salary if an employee failed to work their notice period, constituted a penalty clause.
Winckworth Sherwood partner Sue Kelly has featured in a training video produced by the University of Law entitled ‘Employment: Children and Families Act 2014’.