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Results: 1-10 of 87

12 month non solicitation clause too long

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • 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

Negligent misstatement

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 20 2011

An interesting case in the High Court examined the situation where an ex-employer badmouths a former employee several years after employment has ended

Length of service is not relevant to sickness investigation

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 10 2012

The EAT has held in another incapability case that an employment tribunal was wrong to require that an employer should have taken length of service into account, and to require that it should have followed a particular procedure when obtaining further medical evidence

Without prejudice rule kept in check

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • 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

Transferred collective agreements incorporate legislative changes

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • August 10 2010

The EAT in Worrall and others v Willmott Dixon Partnership Ltd and another considered the effect of the decision in Parkwood Leisure Ltd v Alemo-Herron and others, that only the terms of a collective agreement in force at the point of a TUPE transfer would bind a transferee and subsequent changes to the collective agreement would not bind it

Applicable law for construing contract

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • August 10 2010

The High Court has applied the Rome Convention to ascertain the applicable law in Chunilal v Merrill Lynch International Incorporated

ECJ rules on pay during maternity suspension

  • Bircham Dyson Bell
  • -
  • European Union, United Kingdom
  • -
  • August 10 2010

The issue of pregnant workers' loss of supplementary allowances during maternity suspension and alternative work was considered by the ECJ in Gassmayr v Bundesminister fuer Wissenschaft und Forschung and Parviainen v Finnair Oyj