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TUPE: ETO reason established where narrower product range

Bircham Dyson Bell
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United Kingdom
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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

When does an employment contract terminate?

Bircham Dyson Bell
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United Kingdom
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May 19 2011

The Court of Appeal has revisited the thorny question of the point at which an employment contract terminates for common law purposes

Reinstatement is a reasonable adjustment

Bircham Dyson Bell
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United Kingdom
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January 5 2011

In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force

Redundancy: bumping

Bircham Dyson Bell
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United Kingdom
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April 1 2011

The EAT in Fulcrum Pharma (Europe) Ltd v Bonassera and another considered whether an employee had been unfairly dismissed for redundancy where bumping was not considered as an option

Phasing out the default retirement age

Bircham Dyson Bell
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United Kingdom
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September 6 2010

As noted above in Seldon v Clarkson Wright, the government has invited consultation on the proposal to scrap the default retirement age from 1 October 2011

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

Without prejudice rule kept in check

Bircham Dyson Bell
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United Kingdom
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July 10 2010

The EAT in Woodward v Santander UK Plc considered the ambit of the without prejudice rule in settlement negotiations

Unlimited loss of earnings following breach of disciplinary procedure

Bircham Dyson Bell
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United Kingdom
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July 10 2010

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust the Court of Appeal overturned an EAT's decision that damages were limited to notice and a notional period for a disciplinary process where a contractual procedure was not adhered to

Court of Appeal overturns High Court in BA strike injunction

Bircham Dyson Bell
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United Kingdom
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July 10 2010

The Court of Appeal's decision in Unite the Union v British Airways plc, overturning the High Court's ruling that BA had an arguable case that Unite had failed to take reasonable steps to inform its members of the strike ballot result, has now been published

Inflating a woman’s redundancy score when on maternity leave was discriminatory

Bircham Dyson Bell
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United Kingdom
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July 10 2010

An employment tribunal has held that the artificial inflation of a woman's score in a redundancy exercise, when she was on maternity leave was discriminatory against a male comparator