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Collective consultation and 'establishments'
- Bircham Dyson Bell
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- United Kingdom
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- January 31 2013
The duty to consult collectively applies where it is proposed to make 20 or more redundancies at one establishment, but there is no statutory
Without prejudice rule kept in check
- Bircham Dyson Bell
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- United Kingdom
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- July 10 2010
The EAT in Woodward v Santander UK Plc considered the ambit of the without prejudice rule in settlement negotiations
Unlimited loss of earnings following breach of disciplinary procedure
- Bircham Dyson Bell
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- United Kingdom
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- July 10 2010
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust the Court of Appeal overturned an EAT's decision that damages were limited to notice and a notional period for a disciplinary process where a contractual procedure was not adhered to
Court of Appeal overturns High Court in BA strike injunction
- Bircham Dyson Bell
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- United Kingdom
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- July 10 2010
The Court of Appeal's decision in Unite the Union v British Airways plc, overturning the High Court's ruling that BA had an arguable case that Unite had failed to take reasonable steps to inform its members of the strike ballot result, has now been published
Inflating a woman’s redundancy score when on maternity leave was discriminatory
- Bircham Dyson Bell
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- United Kingdom
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- July 10 2010
An employment tribunal has held that the artificial inflation of a woman's score in a redundancy exercise, when she was on maternity leave was discriminatory against a male comparator
Transferred collective agreements incorporate legislative changes
- Bircham Dyson Bell
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- United Kingdom
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- August 10 2010
The EAT in Worrall and others v Willmott Dixon Partnership Ltd and another considered the effect of the decision in Parkwood Leisure Ltd v Alemo-Herron and others, that only the terms of a collective agreement in force at the point of a TUPE transfer would bind a transferee and subsequent changes to the collective agreement would not bind it
Applicable law for construing contract
- Bircham Dyson Bell
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- United Kingdom
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- August 10 2010
The High Court has applied the Rome Convention to ascertain the applicable law in Chunilal v Merrill Lynch International Incorporated
Cap on overperformance bonus
- Bircham Dyson Bell
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- United Kingdom
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- August 10 2010
The Court of Appeal in GX Networks Ltd v Greenland has issued a timely reminder to employers to take care when drafting bonus schemes
TUPE: ETO reason established where narrower product range
- Bircham Dyson Bell
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- United Kingdom
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- September 6 2010
In Nationwide Building Society v Benn and others the EAT ruled that the dismissals of Mr Benn and some of his colleagues fell within the ETO (economic technical or organisational) exception of the TUPE Regulations where the difference in product range of the transferee company entailed a change in the workforce
Article 6 ('The right to a fair hearing’) not engaged
- Bircham Dyson Bell
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- United Kingdom
- -
- September 6 2010
In Hameed v Central Manchester University Hospitals NHS Foundation Trust, the High Court considered whether Central Manchester NHS Foundation Trust was in breach of Article 6 of the European Convention of Human Rights when it dismissed Dr Hameed for gross misconduct
Current Search
- Firm Name - Bircham Dyson Bell
- Workarea - Litigation
- Author - Jesper Christensen