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Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning 07 MAR 2014

Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning

Harini Iyengar explains the Court of Appeal's conclusion in Jessemy v Rowstock Ltd [2014]...

Fair deal 07 MAR 2014

Fair deal

The Teachers' Pensions (Amendment) Regulations 2014, SI 2014/424, amend the Teachers'...

Staff restructuring and efficiency savings 11 FEB 2014

Staff restructuring and efficiency savings

In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed...

Mba, Article 9 and Indirect Discrimination 06 DEC 2013

Mba, Article 9 and Indirect Discrimination

Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a...

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required 28 NOV 2013

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required

Harini Iyengar considers the Court of Appeal's ("CA") latest analysis of the Economic Technical...

Applicable Law 26 SEP 2013

Applicable Law

Applicable Law September 26th, 2013 In Case C-64/12, Schlecker v Boedeker, the CJEU...

Contracting a contagious disease in the course of a teacher’s employment 31 MAY 2013

Contracting a contagious disease in the course of a teacher’s employment

The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides...

When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract? 20 MAY 2013

When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract?

The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist...

Failure to comply with the ACAS Code 14 MAY 2013

Failure to comply with the ACAS Code

Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the...

Union conference motions on Israel and Palestine: employment tribunal dismisses harassment claim by member 08 APR 2013

Union conference motions on Israel and Palestine: employment tribunal dismisses harassment claim by member

The case of Fraser v University and College Union concerned a number of claims of harassment by...

Bankers’ Bonuses: The EU acts 06 MAR 2013

Bankers’ Bonuses: The EU acts

What is proposed? The proposals are not a cap in the traditional sense because there is...

Telling tales out of school: balancing public authority employees’ duties of confidentiality with their right to freedom of expression 27 FEB 2013

Telling tales out of school: balancing public authority employees’ duties of confidentiality with their right to freedom of expression

February 27th, 2013 A dinner lady told a child's parents that their daughter had been tied to...

The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron 22 FEB 2013

The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron

What's the point of the TUPE? Other than terrorising HR professionals and inspiring books as...

NHS reorganisation 13 FEB 2013

NHS reorganisation

Sandford and Parkin v Newcastle Upon Tyne Hospitals NHS Foundation Trust, UKEAT/0324/12/DM were...

 Societe Generale –v- Geys [2012] UKSC 63; how to dismiss an employee – orthodoxy confirmed? 15 JAN 2013

Societe Generale –v- Geys [2012] UKSC 63; how to dismiss an employee – orthodoxy confirmed?

Ms Eweida wins at ECtHR January 15th, 2013 Ms Eweida wins at ECtHR: right to manifest...

Societe Genrale –v- Geys [2012] UKSC 63; how to dismiss an employee – orthodoxy confirmed? 03 JAN 2013

Societe Genrale –v- Geys [2012] UKSC 63; how to dismiss an employee – orthodoxy confirmed?

As Lord Sumption observed in Societe Genrale -v- Geys [2012] UKSC 63, Mr Geys is "a lucky man"....

The duty of fidelity and penalty clauses; Imam-Sadeque –v- BlueBay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) 18 DEC 2012

The duty of fidelity and penalty clauses; Imam-Sadeque –v- BlueBay Asset Management (Services) Ltd [2012] EWHC 3511 (QB)

In Imam-Sadeque -v- Bluebay Asset Management (Services) Ltd Popplewell J had to consider the...

Policies or Aims, Obnoxious or Otherwise 07 NOV 2012

Policies or Aims, Obnoxious or Otherwise

The European Court of Human Rights today released its judgment in the case of Redfearn v UK, and...

No more appeals for Dr. Mattu 05 NOV 2012

No more appeals for Dr. Mattu

The Supreme Court has refused Dr. Mattu permission to appeal against the Court of Appeal...

Employee Share Ownership: Proposals For The De-Regulation Of Share Buybacks By Companies With Employee Shareholders 05 NOV 2012

Employee Share Ownership: Proposals For The De-Regulation Of Share Buybacks By Companies With Employee Shareholders

The Nuttall Review commissioned by the Department for Business Innovation and Skills and...

Apparent Bias 05 NOV 2012

Apparent Bias

In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1...

Service Provision Changes; Court of Appeal confirms that client must stay the same 30 OCT 2012

Service Provision Changes; Court of Appeal confirms that client must stay the same

The Court of Appeal has today handed down judgement on the appeal against Slade J's decision in...

Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty 03 OCT 2012

Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty

In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare...

NHS Leeds v Larner 07 AUG 2012

NHS Leeds v Larner

July 27th, 2012 I am going to miss Lord Justice Mummery. His judgments are models of clarity...

The importance of distinguishing contractual and fiduciary duties: Ranson v Customer Systems plc 13 JUL 2012

The importance of distinguishing contractual and fiduciary duties: Ranson v Customer Systems plc

Julian Wilson has recently blogged about Ranson v Customer Systems plc and what it says about...

Court of Appeal further defines circumstances in which employees will be subject to fiduciary duties 02 JUL 2012

Court of Appeal further defines circumstances in which employees will be subject to fiduciary duties

July 2nd, 2012 When and how an employee may be subject to fiduciary duties is a question...

UK prevails over Germany 29 JUN 2012

UK prevails over Germany

June 27th, 2012 Denise Simpson lived in Frankfurt.  She worked from there.  She had a written...

When can employees club together in a plan to leave 25 JUN 2012

When can employees club together in a plan to leave

June 22nd, 2012 Recent cases have come to conflicting views about whether employees who plan...

CEF Holdings Ltd & Anor v Mundey & Ors [2012] EWCH 1524 (QB); important lessons for applicants in employee competition cases 06 JUN 2012

CEF Holdings Ltd & Anor v Mundey & Ors [2012] EWCH 1524 (QB); important lessons for applicants in employee competition cases

June 6th, 2012 In CEF Holdings Ltd & Anor –v- Mundey & Ors [2012] EWHC 1524 (QB),...

Gross Misconduct 29 MAY 2012

Gross Misconduct

The decision of the Court of Appeal in Boston Deep Sea Fishing v Ansell (1888) 39 Ch D 339 is a...

Employment Litigation's implications for the fitness and properness of Approved Persons 21 MAY 2012

Employment Litigation's implications for the fitness and properness of Approved Persons

May 21st, 2012 For many years, the most prominent inter-dealer broking firms have engaged in...

Dismissing a doctor does not engage Article 6 of the Convention 21 MAY 2012

Dismissing a doctor does not engage Article 6 of the Convention

May 18th, 2012 The Court of Appeal has today announced judgment in Mattu v. The University...

Dresdner guaranteed bonuses 14 MAY 2012

Dresdner guaranteed bonuses

Julian Milford Late last week the High Court (Owen J) delivered its eagerly-awaited judgment...

Franchise business model gives TUPE transferee an Eto reason for dismissing inherited workers following a successful competitive tender 05 MAR 2012

Franchise business model gives TUPE transferee an Eto reason for dismissing inherited workers following a successful competitive tender

By Simon Devonshire QC In the Eddie Stobart case (see the last TUPE post on this site), the...

O'Brien v Ministry for Justice (ECJ, 1 March 2012): is a judge a worker? 05 MAR 2012

O'Brien v Ministry for Justice (ECJ, 1 March 2012): is a judge a worker?

Julian Milford The ECJ has just issued its judgment in O'Brien v Ministry for Justice...

Eddie Stobart And Moreman & Ors; Service Provision Changes In The Logistics Industry 28 FEB 2012

Eddie Stobart And Moreman & Ors; Service Provision Changes In The Logistics Industry

Simon Devonshire QC In Metropolitan Resources Ltd v Churchill Dulwich Ltd [2009] IRLR 700,...

Employer Non-Poaching Agreements In Silicon Valley– Restrictions On Employment Mobility Agreed Between U.S. High Technology Companies – A Kores V. Kolok For The 21st Century 26 JAN 2012

Employer Non-Poaching Agreements In Silicon Valley– Restrictions On Employment Mobility Agreed Between U.S. High Technology Companies – A Kores V. Kolok For The 21st Century

Julian Wilson The publication last week of the Joint Case Management Statement for today's...

Pannu and ors v Geo W King Ltd and ors UKEAT/0021-23/11/DA 23 DEC 2011

Pannu and ors v Geo W King Ltd and ors UKEAT/0021-23/11/DA

Holly Stout The EAT has delivered judgment in this the first case to consider the "supply of...

Coulson v NGN 21 DEC 2011

Coulson v NGN

On the day when  Glen Mulcaire succeeded in arguing that News International should pay his legal...

Update on deferred variable remuneration 20 DEC 2011

Update on deferred variable remuneration

Julian Wilson Parliament's Draft Financial Services Bill Joint Committee has issued its First...

Edwards v Chesterfield – Orthodoxy and the Exclusion Area 19 DEC 2011

Edwards v Chesterfield – Orthodoxy and the Exclusion Area

Christopher Knight The House of Lords in Johnson v Unisys Ltd [2001] UKHL 13; [2003] 1 AC 518...

Working Time 07 DEC 2011

Working Time

James Goudie QC  In Russell v Transocean International Resources Ltd [2011] UKSC 57 the...

Unsuccessful challenge to change from RPI to CPI in public sector pensions 05 DEC 2011

Unsuccessful challenge to change from RPI to CPI in public sector pensions

Jane McCafferty R (ota) The Staff Side of the Police Negotiating Board and others v The...

Equal Pay Forum-Shopping 30 NOV 2011

Equal Pay Forum-Shopping

Julian Milford The casual observer might have wondered how things could get any worse for...

Long-Term Compensation in Dismissal Cases 28 NOV 2011

Long-Term Compensation in Dismissal Cases

Paul Nicholls One question of great practical difficulty which arises in employment cases is...

Protected Conversations 22 NOV 2011

Protected Conversations

Sean Jones The Governing Coalition is presently proposing to introduce the concept of a...

NHS Manchester v Fecitt [2011] EWCA Civ 1190 (25 October 2011) 26 OCT 2011

NHS Manchester v Fecitt [2011] EWCA Civ 1190 (25 October 2011)

Richard Leiper Introduction At a time in which the coalition government is focussing hard...

Staying Tribunal Proceedings; Paymentshield Group Holdings Ltd –v- Halsted (2011) UKEAT/0470/11/DM 13 OCT 2011

Staying Tribunal Proceedings; Paymentshield Group Holdings Ltd –v- Halsted (2011) UKEAT/0470/11/DM

Simon Devonshire QC Tribunals have usually been prepared to stay the statutory proceedings...

Employers' motives and the burden of proof 10 OCT 2011

Employers' motives and the burden of proof

Patrick Halliday In Gay v Sophos plc UKEAT/0452/10/LA Underhill P held that, while an...

BIS reveals its hand 28 SEP 2011

BIS reveals its hand

Sean Jones BIS has published its Second Statement of New Regulation. It can be found here:...

BIS hides their hand again 28 SEP 2011

BIS hides their hand again

Sean Jones One of the key passages in the BIS Second Statement of New Regulation contains one...

The ECJ's judgment in Williams v British Airways: light or confusion? 16 SEP 2011

The ECJ's judgment in Williams v British Airways: light or confusion?

Julian Milford The ECJ yesterday (15 September 2011) delivered its eagerly-awaited judgment...

Misconduct dismissal 15 SEP 2011

Misconduct dismissal

James Goudie QC Employees are dismissed for serious misconduct by their private employer.  If...

The Trust and Confidence test, "reasonable and proper cause" and repudiation 27 AUG 2011

The Trust and Confidence test, "reasonable and proper cause" and repudiation

Julian Wilson The meaning and application of the words "without reasonable and proper cause"...

Employees, Shams and the Supreme Court 28 JUL 2011

Employees, Shams and the Supreme Court

Christopher Knight One of the most vexed questions Tribunals have to deal with on a regular...

BGC v Tullett, number 2 21 JUL 2011

BGC v Tullett, number 2

Simon Devonshire QC In the widely reported case of Tullett Prebon & Ors -v- BGC & Ors...

Public Service Appointments 19 JUL 2011

Public Service Appointments

James Goudie QC In Permanent Secretary and Prime Minister Patrick Manning v Ramjohn and Prime...

Welcome 08 JUL 2011

Welcome

Welcome to the new 11KBW Employment Law blog. We appreciate that the blogosphere is not short of...

News of the World: a closure without closure? Will the stigma last? 08 JUL 2011

News of the World: a closure without closure? Will the stigma last?

The closure of the News of the World leaves its employees facing an uncertain future. It does...