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Results: 1-10 of 103

Summary dismissal during notice

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

It is common practice for employers to dismiss employees summarily rather than with notice where to give notice would enable an employee to accrue the necessary one year’s qualifying service (soon to increase to two years) to claim unfair dismissal

Supreme Court rules on legal representation at disciplinary hearings

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

The Supreme Court has heard the appeal in R (on the application of G) v Governors of X School 2011 UKSC 30 brought by a School against a decision by the High Court (upheld by the Court of Appeal) that G, a teacher accused of inappropriate sexual misconduct with a pupil, should be entitled to legal representation at his disciplinary hearing

Revelation of sexual orientation

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 22 2011

The Court of Appeal in Grant v HM Land Registry held that an employee, Mr Grant, who had disclosed his homosexuality to his colleagues, could not later complain that the disclosure of that information to others constituted direct discrimination or harassment against him

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

TUPE: transfer of care services

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 22 2011

In Nottinghamshire Healthcare NHS Trust v Hamshaw the EAT held that where a residential care home for vulnerable adults which had been operated by the NHS closed and the residents were returned to their homes and care transferred to two private sector care providers, TUPE did not apply

Illegal contracts and discrimination

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

If an employee works under an illegal contract, he is unlikely to be able to pursue contractual and statutory employment claims

Out of time equal pay tribunal claims can proceed in the High Court

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

Equal pay claims can be brought in the employment tribunal (subject to a six month time limit) or as a contract claim in the courts for breach of the implied contractual equality clause (subject to a limitation period of six years

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

Date of termination of employment is the date the dismissal letter is read

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 2 2010

In Gisda Cyf v Barratt 2010 the Supreme Court upheld the EAT's decision that notification of dismissal sent in a letter by recorded delivery was received by the Claimant when she opened and read the letter, not when it arrived at home

Weight Watchers leaders are employees for tax purposes

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

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968