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Results: 1-10 of 98

Whistleblowing confusion

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 31 2011

The question of to what extent a detriment is caused by a protected disclosure in the context of the whistleblowing legislation has been the subject of conflicting EAT decisions

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

Reason for dismissal

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 31 2011

The EAT in Screene v Seatwave Ltd had to consider whether a dismissal which purported to be misconduct could be a fair dismissal if the tribunal finds it to have been for capability and misconduct

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

Protection from harassment: course of conduct

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 20 2011

In Marinello v City of Edinburgh Council the Inner House of the Court of Session has held that an interval of 17 months between incidents of harrassment at work did not automatically mean that there could not be a course of conduct for the purposes of protection under the Protection from Harassment Act 1997

Union acceptance of collective redundancy procedure results in reduction of protective award

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • December 2 2010

In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days' pay to 60 days

Sharon Shoesmith

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 20 2011

As reported widely in the press, the Court of Appeal has allowed Sharon Shoesmith’s appeal against the Secretary of State and Haringey London Borough Council relating to judicial review of the decision to dismiss her in the light of the death of Baby P

Referral to ECJ in Alemo-Herron

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

The Supreme Court has made a reference to the ECJ in the case of Parkwood Leisure v Alemo-Herron to ascertain whether the Acquired Rights Directive precludes national courts from applying a ‘dynamic’ interpretation to regulation 5 of TUPE (automatic transfer of employees and associated rights and liabilities), particularly in relation to the ongoing application of collective agreements

Costs relevant for objective justification

  • Bircham Dyson Bell
  • -
  • United Kingdom
  • -
  • July 20 2011

In Cherfi v G4S Security Services Ltd, the EAT held that G4S’s request to a Muslim security guard to man a site throughout Friday lunchtimes when he wished to attend his Mosque was, in the circumstances, objectively justifiable

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