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Whistleblowers - three emails taken together can amount to a 'protected disclosure'

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • March 3 2014

In Norbrook Laboratories (GB) Ltd v Shaw, the claimant alleged that his employer had taken action against him because he was a 'whistleblower'. He

When is it fair to dismiss on grounds of ill-health?

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • February 2 2014

Under the Employment Rights Act 1996, 'capability' is one of the potentially fair reasons for dismissal. However, an employer must show that it was

Protective award

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • July 10 2008

A protective award for failure to consult employees on redundancy becomes a contingent liability payable by the liquidator when the company employer subsequently becomes insolvent

HMLR v McGlue compensation for injury to feelings discrimination

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • May 13 2013

In a discrimination claim, the tribunal may award compensation for injury to feelings. The tribunal is required to consider whether the unlawful act

Tackling employers who fail to pay the national minimum wage

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • January 29 2007

On 8 January 2007, the Government announced new measures to financially penalise employers who do not comply with an enforcement notice

Compensation

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • May 14 2009

In Anyeetey v Tuntum Housing Association an employment tribunal found at a preliminary hearing on liability that the claimant had been unfairly dismissed for making ‘protected disclosures’ that is to say ‘whistleblowing’ raising issues concerning the chief executive of the organisation for which he worked

Sex discrimination

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • June 21 2007

A policy that prevents staff who are ‘in a partner, family or emotional relationship’ from working together may not fall foul of anti-discrimination legislation, being justified where the need for such a policy outweighs any discriminatory effect that it may have

"Whistleblowers": solicitor's letter was not a "protected disclosure"

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • December 10 2009

Section 103A of the Employment Rights Act 1996 provides that an employee dismissed for making a protected disclosure ("whistleblowing") may bring a claim for unfair dismissal even if they have not been employed for the usual qualifying period of one year

Time limit for bringing equal pay claims against a transferor employer is six months from the date of transfer

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • September 1 2008

The time limit for bringing an equal pay claim is six months from the termination of the employment to which the claim relates, and in standard cases six years of arrears going back from the day before the claim is lodged can be awarded

Employee objection to transfer need not necessarily take place prior to transfer

  • Bird & Bird
  • -
  • United Kingdom
  • -
  • December 17 2007

In New ISG Ltd v Vernon and others the High Court has recently considered at what point in relation to a TUPE transfer an employee must exercise his right to object so that he does not automatically transfer over to become an employee of the transferee