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Results: 1-10 of 87

Identity of potential transferee not necessary for TUPE

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

The EAT in Spaceright Europe Ltd v Ballavoine and another has followed the EAT’s decision in Harrison Bowden v Bowden in deciding that it was not necessary to identify a particular transferee in order to find that an employee had been automatically unfairly dismissed in the context of a TUPE transfer

Pay in lieu of notice did not include guaranteed bonus

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

The Court of Appeal in Locke v Candy & Candy Ltd considered whether a clause providing that an employee had to be employed to receive a guaranteed bonus was sufficient to exclude that employee's right to compensation for that bonus when he was summarily dismissed

Burden of proof test in whistleblowing cases

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

In Fecitt and others v NHS Manchester, the EAT disagreed with the EAT decisions in London Borough of Harrow v Knight and Aspinall v MSI Mech Forge Limited when determining whether a detriment had been suffered as a result of a whistleblowing disclosure

Constructive dismissal

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • April 1 2011

In Tullett Prebon plc v BGC Brokers LP the Court of Appeal considered the High Court's construction of issues relating to repudiatory breach and constructive dismissal and upheld its findings

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

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

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

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

Costs relevant for objective justification

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

In Cherfi v G4S Security Services Ltd, the EAT held that G4S’s request to a Muslim security guard to man a site throughout Friday lunchtimes when he wished to attend his Mosque was, in the circumstances, objectively justifiable

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