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Court guidance on aggravated damages
- Bircham Dyson Bell
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- United Kingdom
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- February 10 2012
In Commissioner of Police of the Metropolis v Shaw, the EAT considered when aggravated damages should be awarded, and their relationship with awards for injury to feelings
Retirement discussions were not age discriminatory
- Bircham Dyson Bell
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- United Kingdom
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- February 28 2013
Following the abolition of the default retirement age in 2011, a dismissal based on an employee's age amounts to age discrimination, unless it can be
12 month non solicitation clause too long
- Bircham Dyson Bell
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- United Kingdom
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- 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
Retraction of dismissal only in exceptional cases
- Bircham Dyson Bell
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- United Kingdom
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- August 10 2010
In Willoughby v CF Capital plc the EAT found that an attempted retraction of a dismissal by CF Capital plc of Ms Willoughby following discussions with her about changing her employment status was not valid
Right to manifest religious belief
- Bircham Dyson Bell
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- European Union, United Kingdom
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- April 4 2013
The key issue for the European Court of Human Rights in Eweida and Others v UK was whether a fair balance had been struck between an individual's
Court of Appeal rules on compulsory retirement at 65
- Bircham Dyson Bell
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- United Kingdom
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- September 6 2010
In Seldon v Clarkson Wright & Jakes and Secretary of State for Business Innovation and Skills the Court of Appeal upheld a tribunal decision that a law firm's rule that its partners should be compulsorily retired on reaching the age of 65 could be justified as a proportionate means of achieving legitimate aims
Constructive dismissal
- Bircham Dyson Bell
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- United Kingdom
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- 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
New decision on marital status discrimination
- Bircham Dyson Bell
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- United Kingdom
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- February 10 2012
In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married
Burden of proof test in whistleblowing cases
- Bircham Dyson Bell
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- United Kingdom
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- 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
Disability discrimination: reasonable adjustments
- Bircham Dyson Bell
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- United Kingdom
- -
- December 31 2011
We reported in an earlier E-briefing on the case of Ms Cordell, the deaf diplomat who was not considered for an overseas posting because of the prohibitive costs involved in providing her with a lip speaker
Current Search
- Jurisdiction - United Kingdom
- Firm Name - Bircham Dyson Bell
- Workarea - Litigation
- Workarea - Employment & Labor
- Author - Jesper Christensen