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Results: 11-20 of 304

Reliance on expired disciplinary warnings

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • May 1 2008

In what may come as a surprise to employers, the Court of Appeal has held in Airbus UK Limited v Webb, that expired warnings may be taken into account when deciding whether or not to dismiss an employee

Jurisdiction Serco reconsidered

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 29 2008

The EAT in Bleuse v MBT Transport Ltd has re-defined Serco, finding that a German lorry driver who worked in mainland Europe (but not the UK) and whose contract of employment was with a UK registered company could pursue claims for holiday pay under the Working Time Regulations 1998 since these regulations derived from an EU directive

Dismissals for legality right to work in the UK

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 29 2008

Two recent cases underline the need for care when proceeding to dismissal for no longer having the right to work in the UK

Charman v Charman: a divorced financial genius and his trust fund

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 4 2007

In what is believed to be the highest award ever made in contested matrimonial proceedings in England and Wales, the Court of Appeal recently upheld a divorce settlement involving very considerable wealth

Age discrimination update: long-service benefits

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 4 2007

The question of how the tests in the new age discrimination rules will be implemented by the courts has created a fresh area of uncertainty for employers and employees alike

Da Vinci Code not a copy Court of Appeal

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 19 2007

We reported the decision of Mr Justice Peter Smith that The Da Vinci Code by Dan Brown did not infringe copyright in The Holy Blood and the Holy Grail, as two of its three authors had alleged

Groundless threats: take care!

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 19 2007

Intellectual property rights are so potent that the law gives remedies to people aggrieved by threats of infringement actions

Agency workers

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 13 2007

Following hot on the heels of a number of cases this year in which individuals supplied through employment agencies have been held not to be employees of the end user client, the EAT in Consistent Group Limited v Kalwak & Others and Welsh Country Foods Limited held that Mrs Kalwak and other were employees of an employment agency

Returning to the same job after maternity leave

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 13 2007

Under the Maternity and Parental Leave Regulations 1999, an employee returning from either ordinary or additional maternity leave is generally entitled to return to the job in which she was employed prior to taking maternity leave

Statutory grievance procedure

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 13 2007

In Kennedy Scott Limited v Francis, the employer raised an ingenious (though ultimately unsuccessful) defence to a claimant's claim for sex and race discrimination

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