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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

Article 6 ('The right to a fair hearing’) not engaged

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 6 2010

In Hameed v Central Manchester University Hospitals NHS Foundation Trust, the High Court considered whether Central Manchester NHS Foundation Trust was in breach of Article 6 of the European Convention of Human Rights when it dismissed Dr Hameed for gross misconduct

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

Entire agreement clauses under scrutiny

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

It is common in employment contracts to include an 'entire agreement' clause which provides that the employment contract constitutes the entire understanding between employer and employee in relation to the employment

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

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

Costs relevant for objective justification

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

In Cherfi v G4S Security Services Ltd, the EAT held that G4S’s request to a Muslim security guard to man a site throughout Friday lunchtimes when he wished to attend his Mosque was, in the circumstances, objectively justifiable