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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
When does an employment contract terminate?
- Bircham Dyson Bell
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- United Kingdom
- -
- May 19 2011
The Court of Appeal has revisited the thorny question of the point at which an employment contract terminates for common law purposes
Some other substantial reason: pay cuts
- Bircham Dyson Bell
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- United Kingdom
- -
- September 22 2011
The EAT in Garside and Laycock Ltd v Booth held that when deciding whether a dismissal was fair for ‘some other substantial reason’ in the context of a pay cut being imposed by an employer, a tribunal had to ask the question whether the employer’s decision to impose the pay cut was reasonable
Reinstatement is a reasonable adjustment
- Bircham Dyson Bell
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- United Kingdom
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- January 5 2011
In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force
EHRC press for review of Eweida and Ladele
- Bircham Dyson Bell
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- European Union, United Kingdom
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- October 31 2011
The Equality and Human Rights Commission (EHRC) have expressed discomfort with the decisions in Eweida v British Airways plc and Ladele and McFarlane v United Kingdom and is intervening before the European Court of Human Rights
Redundancy: bumping
- Bircham Dyson Bell
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- United Kingdom
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- April 1 2011
The EAT in Fulcrum Pharma (Europe) Ltd v Bonassera and another considered whether an employee had been unfairly dismissed for redundancy where bumping was not considered as an option
Employees on long-term sick leave do not accrue holiday indefinitely
- Bircham Dyson Bell
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- European Union
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- January 25 2012
The ECJ has confirmed that workers on long-term sickness absence cannot carry over their untaken statutory annual leave indefinitely
Reason for dismissal
- Bircham Dyson Bell
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- United Kingdom
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- December 31 2011
The EAT in Screene v Seatwave Ltd had to consider whether a dismissal which purported to be misconduct could be a fair dismissal if the tribunal finds it to have been for capability and misconduct
Length of service is not relevant to sickness investigation
- Bircham Dyson Bell
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- United Kingdom
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- February 10 2012
The EAT has held in another incapability case that an employment tribunal was wrong to require that an employer should have taken length of service into account, and to require that it should have followed a particular procedure when obtaining further medical evidence
Protection from harassment: course of conduct
- Bircham Dyson Bell
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- United Kingdom
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- July 20 2011
In Marinello v City of Edinburgh Council the Inner House of the Court of Session has held that an interval of 17 months between incidents of harrassment at work did not automatically mean that there could not be a course of conduct for the purposes of protection under the Protection from Harassment Act 1997
Current Search
- Firm Name - Bircham Dyson Bell
- Workarea - Litigation
- Workarea - Employment & Labor
- Author - Jesper Christensen