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Results: 1-10 of 98

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

Pension assurances pass to new employer under TUPE

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

Transferee employers should always carry out careful due diligence to calculate the extent of the liabilities they are inheriting

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

Social media and gross misconduct

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

In Preece v JD Wetherspoons plc an employment tribunal considered the use of social media (in this case, Facebook) in the context of gross misconduct

Revelation of sexual orientation

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

The Court of Appeal in Grant v HM Land Registry held that an employee, Mr Grant, who had disclosed his homosexuality to his colleagues, could not later complain that the disclosure of that information to others constituted direct discrimination or harassment against him

Employer’s liability for violent acts of employees

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • March 31 2012

It is a long-established principle that an employer will not be vicariously liable for the act of an employee unless the act was committed in the course of employment

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

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

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