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Capability dismissals and ill health retirement benefits

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 29 2008

In First Leeds v Haigh, the EAT was required to consider the fairness of a dismissal of an employee for long term ill health where ill health retirement was not given full consideration

Resignations do not require acceptance

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 29 2008

The Scottish EAT had occasion to underline the principle that an employee who resigns on proper notice may not withdraw such resignation and confirmed that an employer may recruit a replacement before expiry of notice

Advocate General says holiday pay does accrue during sick leave

  • Bircham Dyson Bell
  • -
  • European Union, United Kingdom
  • -
  • February 29 2008

The Advocate General has disagreed with the Court of Appeal’s finding in Stringer v HMRC that the right to statutory (not contractual) paid holiday does not accrue to an employee absent on long term sickness

Application of TUPE outside the UK

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • February 29 2008

The EAT has tackled the famously difficult issue of the application of TUPE to a transfer out of the jurisdiction in Holis Metal Industries v Power

Stress at work

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 3 2007

The Court of Appeal has recently given useful guidance on the how employers should deal with stress at work claims arising out of their internal procedures such as disciplinary procedures

Disability discrimination

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 3 2007

The case of Paterson v the Commissioner of Police of the Metropolis provides an interesting example of what can constitute ‘day-to-day activities’ for the purposes of the Disability Discrimination Act 1995

Unlawful deductions from wages

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • September 3 2007

The Court of Appeal held in Luke v Stoke-on-Trent City Council that the Council had not made unlawful deductions from wages when it failed to pay a special needs teacher who refused to work anywhere but the place of work specified in the employment contract

Employment status of controlling shareholders

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • May 1 2008

Confusion has often arisen over whether or not a controlling shareholder of a company can also be an employee of that company

Discrimination by association: an extension of employee rights?

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • May 1 2008

On 31 January 2008, the Advocate General of the European Court of Justice (ECJ) gave his eagerly awaited decision in the case of Coleman v Attridge Law

Reliance on expired disciplinary warnings

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • May 1 2008

In what may come as a surprise to employers, the Court of Appeal has held in Airbus UK Limited v Webb, that expired warnings may be taken into account when deciding whether or not to dismiss an employee

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