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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

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

Pay in lieu of notice did not include guaranteed bonus

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

The Court of Appeal in Locke v Candy & Candy Ltd considered whether a clause providing that an employee had to be employed to receive a guaranteed bonus was sufficient to exclude that employee's right to compensation for that bonus when he was summarily dismissed

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

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

Constructive dismissal

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • April 1 2011

In Tullett Prebon plc v BGC Brokers LP the Court of Appeal considered the High Court's construction of issues relating to repudiatory breach and constructive dismissal and upheld its findings

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

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

Sharon Shoesmith

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

As reported widely in the press, the Court of Appeal has allowed Sharon Shoesmith’s appeal against the Secretary of State and Haringey London Borough Council relating to judicial review of the decision to dismiss her in the light of the death of Baby P