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Results: 1-10 of 103

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

Caution: avoid mention of legal advice in statements

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

The Court of Appeal in the case of D (a child) has held that the attachment of privilege to legal advice was waived when that advice was referred to in detail in the contents of a witness statement from one of the parties in child care proceedings

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

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

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

Advocate-General advises on trigger point for collective redundancy consultation

  • Bircham Dyson Bell
  • -
  • European Union, United Kingdom
  • -
  • May 31 2012

Knowing when to start collective redundancy consultation is a difficult issue for many employers

TUPE and changes to terms after transfer

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 31 2011

Two recent EAT decisions have clarified when it may be possible to make changes to the terms of transferring staff and not fall foul of Regulation 4(4) of TUPE 2006

TUPE: ETO reason established where narrower product range

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

In Nationwide Building Society v Benn and others the EAT ruled that the dismissals of Mr Benn and some of his colleagues fell within the ETO (economic technical or organisational) exception of the TUPE Regulations where the difference in product range of the transferee company entailed a change in the workforce

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

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