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Results: 1-10 of 130

TUPE: ETO reason established where narrower product range

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

Social media guidance

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • November 28 2011

Acas has produced guidance on ‘Social Networking’ for employers encouraging them to introduce policies on the use of social media at work

Court of Appeal overturns High Court in BA strike injunction

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

Weight Watchers leaders are employees for tax purposes

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • January 25 2012

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968

Burden of proof test in whistleblowing cases

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • January 5 2011

In Fecitt and others v NHS Manchester, the EAT disagreed with the EAT decisions in London Borough of Harrow v Knight and Aspinall v MSI Mech Forge Limited when determining whether a detriment had been suffered as a result of a whistleblowing disclosure

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

Union acceptance of collective redundancy procedure results in reduction of protective award

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 2 2010

In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days' pay to 60 days

Agency Workers Regulations: guidance

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • June 23 2011

The Agency Workers Regulations Final Guidance was published on 6 May 2011

Protection from harassment: course of conduct

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

Referral to ECJ in Alemo-Herron

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • August 5 2011

The Supreme Court has made a reference to the ECJ in the case of Parkwood Leisure v Alemo-Herron to ascertain whether the Acquired Rights Directive precludes national courts from applying a ‘dynamic’ interpretation to regulation 5 of TUPE (automatic transfer of employees and associated rights and liabilities), particularly in relation to the ongoing application of collective agreements