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Searching Content indexed under Employment Litigation/ Tribunals by Withers LLP ordered by Published Date Descending.
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1
Senior Executives And The Ongoing Battle For Equal Pay
The former Chief HR Officer of the Co-op Bank is currently in a two week employment tribunal hearing arguing that she lost her role after raising concerns regarding pay inequality between herself...
UK
29 Aug 2018
2
Uber Bad News?
That is the conclusion reached today by the Employment Appeal Tribunal ('EAT'), at least in respect of those drivers who brought this test case – James Farrar and Yaseen Aslam.
UK
16 Nov 2017
3
Employment Tribunal Fees Ruled Unlawful - Considerations For Charities
The Supreme Court has unanimously held that the introduction of the current fee system in the Employment Tribunal and Employment Appeal Tribunal...
UK
14 Aug 2017
4
Employment Tribunal Fees Are Unlawful And Will Have To Be Repaid By The Government
The Supreme Court has unanimously held that the introduction of the current fee system in the Employment Tribunal and Employment Appeal Tribunal...
UK
11 Aug 2017
5
Recent Developments In Shared Parental Pay
An employment tribunal has found that a man who received pay at statutory shared parental pay rates when he was caring for his baby daughter in the weeks following her birth, when a woman would have...
UK
4 Jul 2017
6
Money Talks In New York City – But Not For Long
On May 4, 2017, New York City Mayor Bill de Blasio signed legislation (effective as of October 31, 2017), which makes it illegal for New York City employers to inquire about a job applicant's salary...
United States
12 May 2017
7
Employment Status - Aslam And Ors v Uber BV And Ors
The most talked about case of 2016 was an Employment Tribunal's decision that two Uber drivers were not self-employed but were workers, entitled to the national minimum wage and paid holiday...
UK
17 Jan 2017
8
Working Time - Grange v Abellio London Ltd
Until this case there were conflicting decisions on whether a worker could complain of being denied a rest break only if he or she has made an explicit request for a break.
UK
16 Jan 2017
9
Legal Advice: Privilege - Royal Bank Of Scotland (RBS) Rights Issue Litigation
This case was not in substance about employment law, but it highlights a difficulty that any HR professional could encounter.
UK
16 Jan 2017
10
Holiday Pay - British Gas v Lock
The Court of Appeal confirmed in this long running case that results-based commission payments must be included in the calculation of holiday pay for the basic four weeks' annual leave provided by the Working Time Regulations (WTR).
UK
16 Jan 2017
11
Workplace Injuries: Rights And Claims
In a recent landmark decision of SGB Starkstrom Pte Ltd v The Commissioner for Labour [2016] SGCA 27, the Court of Appeal held that the next-of-kin of a mentally incapacitated employee cannot make an election...
Singapore
16 Sep 2016
12
The Global Battle For The Entrepreneur And Investor
Singapore has long been a magnet for successful international investors and entrepreneurs, in part because of determined efforts by its government to attract talent, innovation and money from overseas.
UK
16 Sep 2016
13
Supreme Court Refuses To Pierce The Corporate Veil Regarding Employers' Liability
In Campbell (Appellant) v Gordon (Respondent) (Scotland) [2016] CSIH 11, the Supreme Court dismissed an appeal, upholding the decision of Court of Session (Inner House) not to attribute civil...
UK
8 Aug 2016
14
Dismissing For Poor Performance When The Employee Has Raised 'Whistleblowing' Concerns
The case of Royal Mail Group Limited -v- Ms K Jhuti concerned a scenario that might be unnervingly familiar to many. Ms Jhuti was a new employee who was discontented about the allocation of accounts to her.
UK
21 Jul 2016
15
Post-Termination Restrictions - Consideration Reconsidered?
It had been generally accepted that an employer who wished to introduce post-termination restrictions after an employee has commenced employment would have to provide a tangible benefit (e.g. a pay rise).
UK
4 Jul 2016
16
Doing A Deal – Introducing Enforceable Post-Termination Restrictions
Post-termination restrictions introduced after an employee has started work were generally thought to be enforceable only where the employee is given a tangible benefit (e.g. a pay rise) in return.
UK
8 Jun 2016
17
The Supreme Court Reconsiders Employer's Liability
The question of when an employer can be held liable for the acts of individuals who are working in its business or organisation has been vexing the courts for as long as employment relationships have existed.
UK
3 Mar 2016
18
Tips On References
There is generally no obligation under English law to provide an ex-employee with a reference. However, as with all rules, there are exceptions (for example in the financial services sector).
UK
5 Jan 2016
19
Employee References - New Guidance And Our Tips
In the case of Pnaiser -v- NHS England and Coventry City Council, the Employment Appeal Tribunal reminds employers - new and old - of the risks associated with negative references.
UK
5 Jan 2016
20
New Guidance On Handling Disability-Related Absence
The Court of Appeal in Griffiths -v- Secretary of State for Work and Pensions (SOSWP) has grappled with the tricky issue of an employer's duties when trying to manage disability-related absence.
UK
15 Dec 2015
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