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Results: 1-10 of 130

Joint and several liability in discrimination claims

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

The EAT has highlighted the potential personal exposure for individuals in discrimination claims

Exercise of discretion in awarding costs

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

An employment tribunal has discretion to award costs where a party has acted vexatiously, abusively, disruptively or unreasonably, and the tribunal considers that it would be appropriate

Supreme Court looks at indirect age discrimination

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • June 30 2012

Mr Homer retired from the police at age 51, and began work for the Police National Legal Database (PNLD) as a legal adviser

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

No discrimination claim for advert if no interest in application

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

The EAT in Berry v Recruitment Revolution and others held that a person could not bring an age discrimination claim based on terminology in job adverts targeting younger applicants if he had no interest in applying for the job

Identity of potential transferee not necessary for TUPE

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

The EAT in Spaceright Europe Ltd v Ballavoine and another has followed the EAT’s decision in Harrison Bowden v Bowden in deciding that it was not necessary to identify a particular transferee in order to find that an employee had been automatically unfairly dismissed in the context of a TUPE transfer

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

Different treatment of employees on dismissal may be justified

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

It is well established in case law that disparity of treatment between employees who have misbehaved in the same way may be grounds for unfair dismissal

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