Recent Articles

Dealing with dismissal and compensated no fault dismissal for micro businesses

Ruth Bonino
March 22, 2012 14:34

The Government has recently issued a new “Call for Evidence”, Dealing with dismissal and “Compensated no fault dismissal” for micro businesses. The main aim of the paper is to gather evidence from businesses to establish what can be done to encourage small employers to...

Disciplinary action and suspension for misconduct: guidance from UK Court of Appeal

March 19, 2012 13:12

The Court of Appeal decision in Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 provides guidance as to the procedural standards required in misconduct cases in which dismissal is likely to impact on the employee's ability to pursue his/her chosen career. The...

UK Court of Appeal refuses to uphold a barring order against a former employee

Ruth Bonino
March 14, 2012 12:39

This post was written by Ruth D. Bonino and Fiona McFarlane. In Caterpillar Logistics Services (UK) Ltd v Huesca de Crean, an employee who had no restrictive covenant in her contract of employment prohibiting her working for a third party, could not be prevented from taking up employment with a...

NLRB Posting Requirement Upheld, But Enforcement Limited

William Bevan III
March 05, 2012 20:57

This post was written by William Bevan, III and Joel S. Barras. As we have discussed in earlier posts found here and here, several national trade associations challenged the NLRB’s Rule that requires all employers covered by the National Labor Relations Act to post a notice...

Service provision changes: UK EAT gives guidance on the meaning of an "organised grouping of employees"

Ruth Bonino
March 01, 2012 15:40

This post was written by Ruth Bonino and Ed Hunter. In the case of Eddie Stobart v Moreman & Others the Employment Appeal Tribunal (EAT) has provided welcome guidance on the meaning of “organised grouping of employees” for the purposes of a “service provision change”...

Pennsylvania Commonwealth Court Prohibits Act 111 Arbitration Panels from Reducing Post-Retirement Health Care Benefits for Active Employees

Joel S. Barras
February 28, 2012 19:21

This post was written by Joel S. Barras and Valerie M. Eifert. At a time when public employers across Pennsylvania are seeking to reduce or at least contain the skyrocketing costs of post-retirement health care benefits, the Commonwealth Court has virtually handcuffed municipalities from achieving...

Expiry of fixed term contracts and UK collective redundancy consultation

Ruth Bonino
February 27, 2012 15:02

  The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective redundancy consultation obligations. The EAT held that employees who were dismissed by virtue of...

NLRB General Counsel Issues Second Report on Social Media Cases

Joel S. Barras
February 21, 2012 18:35

This post was written by Joel S. Barras and Samantha M. Clancy. The National Labor Relations Board’s (NLRB’s) Acting General Counsel Lafe Solomon recently issued a report on social media cases handled by the NLRB. This second report—he issued his first in August...

New challenges for global groups with French operations

February 17, 2012 10:03

This post was written by Nicolas Sauvage De-industrialization is the hot theme of the presidential campaign, regardless of the political spectrum. Solutions brought forward by candidates are more or less concrete, more or less likely. They show little if any understanding of how globalization has...

Timing Requirements for Deposits of Employee Deferrals/Contributions and Loan Repayments

February 08, 2012 14:38

This post was written by John D. Martini, Dodi Walker Gross, Dennis R. Bonessa and Lori M. Atkin. Increasing scrutiny by the federal government could leave employers at risk for adverse consequences if they fail to make timely deposits of employee deferrals/contributions and loan repayments to...