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Right to manifest religious belief
- Bircham Dyson Bell
- -
- European Union, United Kingdom
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- April 4 2013
The key issue for the European Court of Human Rights in Eweida and Others v UK was whether a fair balance had been struck between an individual's
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
Collective consultation and 'establishments'
- Bircham Dyson Bell
- -
- United Kingdom
- -
- January 31 2013
The duty to consult collectively applies where it is proposed to make 20 or more redundancies at one establishment, but there is no statutory
Post-employment victimisation claims
- Bircham Dyson Bell
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- 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
Sickness and annual leave
- Bircham Dyson Bell
- -
- United Kingdom
- -
- October 9 2012
The Court of Appeal has upheld the EAT’s decision in NHS Leeds v Larner that a worker who was absent due to sickness for a whole leave year was entitled to payment for that year’s unused statutory holiday entitlement when her employment terminated
Workers who fall ill during holiday can reschedule leave
- Bircham Dyson Bell
- -
- European Union
- -
- August 24 2012
The ECJ has already ruled that where a worker falls sick before a prearranged holiday, that leave may be rescheduled, including, if necessary, to the next leave year (Pereda v Madrid Movilidad SA
Meaning of ‘organised grouping of employees' under TUPE
- Bircham Dyson Bell
- -
- United Kingdom
- -
- July 26 2012
In Seawell Ltd v Ceva Freight (UK) Ltd, the Scottish EAT again considered the meaning of ‘an organised grouping of employees’ in the context of service provision changes under TUPE, and followed the approach set out in Argyll Coastal Services Ltd v Stirling
Supreme Court looks at indirect age discrimination
- Bircham Dyson Bell
- -
- United Kingdom
- -
- June 30 2012
Mr Homer retired from the police at age 51, and began work for the Police National Legal Database (PNLD) as a legal adviser
Advocate-General advises on trigger point for collective redundancy consultation
- Bircham Dyson Bell
- -
- European Union, United Kingdom
- -
- May 31 2012
Knowing when to start collective redundancy consultation is a difficult issue for many employers
Dismissal because of close relationship was not marriage discrimination
- Bircham Dyson Bell
- -
- United Kingdom
- -
- May 31 2012
The EAT decision in Dunn v Institute of Cemetery and Crematorium Management held that marriage discrimination legislation protects a woman against being treated less favourably because she is married to a particular man
