We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 87

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

Holiday pay during sick leave

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 6 2010

An employment tribunal in Khan v Martin McColl has considered the impact of HMRC v Stringer (see Employment Briefing July 09) where an employee on long term sick leave did not request holiday during his sick leave

Tribunal rules that all statutory holiday can be carried over

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

In Adams and another v Harwich International Port Ltd, a tribunal has held that where an employee is unable to take his holiday during the leave year because of sickness, he should be entitled to carry forward all 5.6 weeks statutory leave to the next leave year, not just the core 4 statutory weeks

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

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

Reasonable adjustments: EAT guidance

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • November 28 2011

In Salford NHS Primary Care Trust v Smith the EAT decided that it was not a reasonable adjustment for the purposes of the Disability Discrimination Act (DDA, now enshrined in the Equality Act) to propose a career break to an employee who was on long term sick leave

When does an employment contract terminate?

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

EHRC press for review of Eweida and Ladele

  • Bircham Dyson Bell
  • -
  • European Union, United Kingdom
  • -
  • October 31 2011

The Equality and Human Rights Commission (EHRC) have expressed discomfort with the decisions in Eweida v British Airways plc and Ladele and McFarlane v United Kingdom and is intervening before the European Court of Human Rights

Rise in part time workers and age discrimination claims

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • November 28 2011

The ET and EAT 20102011 statistics have been published, showing a threefold increase in part time workers’ claims and a 32 increase in claims for age discrimination

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