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Results: 11-20 of 140

Employer’s liability for violent acts of employees

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • March 31 2012

It is a long-established principle that an employer will not be vicariously liable for the act of an employee unless the act was committed in the course of employment

TUPE protection applies to administration transfers

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

The TUPE Regulations contain some provisions designed to make struggling businesses more attractive to prospective purchasers

New decision on marital status discrimination

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married

Consultation on tribunal fees published

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

The Government is seeking views on two different options for charging fees in the employment tribunal

No damages for failure to follow contractual disciplinary procedures

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

The Supreme Court has held that employees cannot recover damages for loss suffered as a result of a breach of a term in their employment contract as to the manner of their dismissal, unless that loss is independent of the dismissal

Length of service is not relevant to sickness investigation

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • 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

Court guidance on aggravated damages

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

In Commissioner of Police of the Metropolis v Shaw, the EAT considered when aggravated damages should be awarded, and their relationship with awards for injury to feelings

New rates of statutory benefits

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

New rates of statutory benefits will take effect from April 2012

TUPE does not apply where there are fundamental changes in activities

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

In Enterprise Management Services Ltd v Connect-Up Ltd & Others, the EAT confirmed that there was no service provision change for the purposes of TUPE where the activities of an outgoing contractor (Enterprise) were not fundamentally the same as those of the incoming contractor (Connect), and where there was subsequently a ‘fragmentation’ of activities

Employment tribunal was wrong to substitue its own view on dismissal

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

In DB Schenker Rail (UK) Ltd v Doolan, the Scottish EAT held that an employment tribunal wrongly decided that the employer was not entitled to conclude, on the basis of expert evidence, that an employee was unfit to return to work