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Employment Contract Employment Tribunals

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

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Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2023

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Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2023

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This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...more

Walkers

Key Points for Employers from Guernsey’s New Discrimination Legislation

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On Friday 30 September, the States of Guernsey voted to approve The Prevention of Discrimination (Guernsey) Ordinance, 2022 (the Ordinance), subject to a number of amendments. The Ordinance will come into force on 1 October...more

BCLP

UK HR Two Minute Monthly: non-compete covenants, serial tribunal litigants, statutory pay increases and right to work checks

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Our April update considers key employment law developments from March 2022. It includes a new case on non-compete  covenants, increases to statutory pay limits, changes to right to work checks and a case looking at the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2022

In this issue, we examine the latest employment law developments, news and insights from the U.K., including a Supreme Court decision on when pay offers to union members outside the collective bargaining process are unlawful,...more

Hogan Lovells

Employment News: constructive dismissal, worker status

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Too little, too late - employer could not cure fundamental breach - If an employer commits a repudiatory breach of contract, an employee is entitled to accept the breach by resigning. They can then claim unfair constructive...more

Hogan Lovells

Employment News: holiday pay, NDAs, trade unions

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No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more

BCLP

Recharacterization of the Relationship Between a Delivery Driver and a Digital Platform as an Employment Agreement

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In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more

Hogan Lovells

Employment News - June 2017 #2

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Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

Seyfarth Shaw LLP

Gig Economy — Bike Couriers Set the Wheels in Motion on Workers Benefits

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‘Gig’ economy: Latest developments - In a further challenge by a worker in the ‘gig’ economy, an Employment Tribunal has ruled that a cycle courier was a ‘worker’ and qualified for various employment protections. The...more

Faegre Drinker Biddle & Reath LLP

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

Faegre Drinker Biddle & Reath LLP

Dismissal for Sharing Confidential Information Was Unfair

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

Proskauer - Whistleblowing & Retaliation

New UK Regulations to Govern Whistleblowing in Financial Institutions

This month, the FCA and PRA announced a new regime for whistleblowing that will start to be phased in from March 2016. This is part of the broader desire on the part of the UK regulators to encourage individuals to raise...more

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP

Contract Variations: Implied Acceptance?

In Wess v Science Museum Group UKEAT/0120/14/DM, the Employment Appeal Tribunal (EAT) considered whether an employee had impliedly accepted a variation of her contract of employment by continuing to work for 9 years, without...more

Faegre Drinker Biddle & Reath LLP

Employee's Fundamental Breach Was No Bar to Constructive Dismissal Claim

In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a constructive dismissal claim...more

Dechert LLP

France: Courts Limit Claims for Constructive Dismissal

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Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s...more

Faegre Drinker Biddle & Reath LLP

Constructive Dismissal and Post-Resignation Conduct

In Cockram v Air Products Limited UKEAT/0038/14, the Employment Appeal Tribunal (EAT) held that an employee had lost the right to claim constructive dismissal because he had given his employer a much longer notice period than...more

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