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Results: 1-10 of 87

Weight Watchers leaders are employees for tax purposes

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • January 25 2012

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968

Joint and several liability in discrimination claims

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

The EAT has highlighted the potential personal exposure for individuals in discrimination claims

Adjustments: further EAT guidance

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

Further clarification on what constitutes an adjustment for the purposes of the Disability Discrimination Act was provided by the EAT in Leeds Teaching Hospital NHS Trust v Foster

Different treatment of employees on dismissal may be justified

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • January 25 2012

It is well established in case law that disparity of treatment between employees who have misbehaved in the same way may be grounds for unfair dismissal

No need to request holiday leave for statutory entitlement

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 22 2011

In NHS Leeds v Larner the EAT held that an employee who had been on sick leave throughout the holiday leave year was entitled to a payment representing accrued and unused statutory holiday entitlement on termination of her employment

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

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

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

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

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