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Retirement discussions were not age discriminatory
- Bircham Dyson Bell
- -
- United Kingdom
- -
- 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
Court guidance on aggravated damages
- Bircham Dyson Bell
- -
- United Kingdom
- -
- 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
Identity of potential transferee not necessary for TUPE
- Bircham Dyson Bell
- -
- United Kingdom
- -
- June 23 2011
The EAT in Spaceright Europe Ltd v Ballavoine and another has followed the EAT’s decision in Harrison Bowden v Bowden in deciding that it was not necessary to identify a particular transferee in order to find that an employee had been automatically unfairly dismissed in the context of a TUPE transfer
ECJ rules on pay during maternity suspension
- Bircham Dyson Bell
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- European Union, United Kingdom
- -
- August 10 2010
The issue of pregnant workers' loss of supplementary allowances during maternity suspension and alternative work was considered by the ECJ in Gassmayr v Bundesminister fuer Wissenschaft und Forschung and Parviainen v Finnair Oyj
Advocate-General advises on trigger point for collective redundancy consultation
- Bircham Dyson Bell
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- European Union, United Kingdom
- -
- May 31 2012
Knowing when to start collective redundancy consultation is a difficult issue for many employers
Post-employment victimisation claims
- Bircham Dyson Bell
- -
- United Kingdom
- -
- November 6 2012
A claim for victimisation can be brought where an employee has been subjected to a detriment as a result of bringing a discrimination complaint
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
Reinstatement is a reasonable adjustment
- Bircham Dyson Bell
- -
- United Kingdom
- -
- January 5 2011
In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force
When does an employment contract terminate?
- Bircham Dyson Bell
- -
- United Kingdom
- -
- May 19 2011
The Court of Appeal has revisited the thorny question of the point at which an employment contract terminates for common law purposes
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
Current Search
- Jurisdiction - United Kingdom
- Workarea - Litigation
- Workarea - Employment & Labor
- Author - Jesper Christensen