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Holiday Pay Claims: Latest Developments

The Deduction from Wages (Limitation) Regulations 2014 were brought in following the landmark ruling in Bear v Fulton. By way of a reminder, the Employment Appeal Tribunal decided in Bear that non-guaranteed overtime which...more

Collective Redundancy Consultation

In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more

Employee, Worker or Self-Employed?

In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-operative was an employee, a...more

No UK Employment Rights for Internationally Mobile Employee

In Olsen v Gearbulk Services Ltd UKEAT/0345/14/RN, the Employment Appeal Tribunal (EAT) considered whether an internationally mobile employee could bring a claim for unfair dismissal under UK law on the basis that he spent...more

TUPE: Service Provision Change

In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care UKEAT/0431/14/BA, the Employment Appeal Tribunal (EAT) considered whether an employee’s employment had transferred by reason of a service provision change under TUPE,...more

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

Collective Redundancy: European Judgment on Meaning of "Establishment"

The European Court of Justice (ECJ) has handed down its judgment in the longstanding litigation case of USDAW and another v WW Realisation 1 Ltd (C-80/14) concerning the meaning of “establishment” for the purposes of...more

Variation Clause Could Not be Relied on to Make Unilateral Changes

In Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (EAT) considered whether a variation clause could be relied on to make unilateral changes to terms and conditions of employment....more

Constructive Dismissal Claim Was Barred

In Colomar Mari v Reuters Ltd UKEAT/0539/13, the EAT considered whether an employee who had waited 18 months before resigning and accepted contractual sick pay during this period could claim constructive dismissal....more

Collective Redundancy: Meaning of "Establishment"

The Advocate General (AG) of the European Court of Justice has issued his long anticipated opinion in the case of USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (C-80/14) concerning the meaning of...more

Employee Based in Australia Covered by UK Employment Rights

In Lodge v Dignity and Choice in Dying & Anor UKEAT/0252/14/LA, the Employment Appeal Tribunal (EAT) considered whether an employee who had voluntarily relocated to Australia but continued to work remotely for her UK-based...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

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