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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

Legal fees tax concession on termination agreements

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • May 19 2011

Employees have historically enjoyed the benefit of a tax concession which allows his or her legal fees to be paid by the employer and to escape tax when they are paid as part of a settlement agreement

Negligent misstatement

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 20 2011

An interesting case in the High Court examined the situation where an ex-employer badmouths a former employee several years after employment has ended

Illegal contracts and discrimination

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

If an employee works under an illegal contract, he is unlikely to be able to pursue contractual and statutory employment claims

Redundancy: bumping

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

12 month non solicitation clause too long

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 10 2010

The High Court has ruled in Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd that Mr Abbassi, an account executive who had worked for AFEX and moved to a competitor, IFX , was not bound by a 12 month non solicitation of customers or potential customers clause

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

No need to request holiday leave for statutory entitlement

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 22 2011

In NHS Leeds v Larner the EAT held that an employee who had been on sick leave throughout the holiday leave year was entitled to a payment representing accrued and unused statutory holiday entitlement on termination of her employment

Unknown purchaser liable for TUPE related dismissal

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

Regulation 7 of TUPE states that a dismissal will be automatically unfair if the main reason for dismissal is the transfer itself, or a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce (‘ETO reason’

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