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Court guidance on aggravated damages
- Bircham Dyson Bell
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- United Kingdom
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- 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
Retirement discussions were not age discriminatory
- Bircham Dyson Bell
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- United Kingdom
- -
- February 28 2013
Following the abolition of the default retirement age in 2011, a dismissal based on an employee's age amounts to age discrimination, unless it can be
Post-employment victimisation claims
- Bircham Dyson Bell
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- United Kingdom
- -
- November 6 2012
A claim for victimisation can be brought where an employee has been subjected to a detriment as a result of bringing a discrimination complaint
12 month non solicitation clause too long
- Bircham Dyson Bell
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- United Kingdom
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- 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
Retraction of dismissal only in exceptional cases
- Bircham Dyson Bell
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- United Kingdom
- -
- August 10 2010
In Willoughby v CF Capital plc the EAT found that an attempted retraction of a dismissal by CF Capital plc of Ms Willoughby following discussions with her about changing her employment status was not valid
Right to manifest religious belief
- Bircham Dyson Bell
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- European Union, United Kingdom
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- April 4 2013
The key issue for the European Court of Human Rights in Eweida and Others v UK was whether a fair balance had been struck between an individual's
Court of Appeal rules on compulsory retirement at 65
- Bircham Dyson Bell
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- United Kingdom
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- September 6 2010
In Seldon v Clarkson Wright & Jakes and Secretary of State for Business Innovation and Skills the Court of Appeal upheld a tribunal decision that a law firm's rule that its partners should be compulsorily retired on reaching the age of 65 could be justified as a proportionate means of achieving legitimate aims
Constructive dismissal
- Bircham Dyson Bell
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- United Kingdom
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- 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
Liability of administrators for acts of discrimination
- Bircham Dyson Bell
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- United Kingdom
- -
- April 1 2011
In another case involving administrators, an employment tribunal somewhat controversially has held that the individual administrators could be liable as principals in an agency relationship with employees of a company in administration
Advocate-General advises on trigger point for collective redundancy consultation
- Bircham Dyson Bell
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- European Union, United Kingdom
- -
- May 31 2012
Knowing when to start collective redundancy consultation is a difficult issue for many employers
Current Search
- Jurisdiction - United Kingdom
- Firm Name - Bircham Dyson Bell
- Workarea - Litigation
- Author - Jesper Christensen