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Results: 1-10 of 130

Constructive dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In Tullett Prebon plc v BGC Brokers LP the Court of Appeal considered the High Court's construction of issues relating to repudiatory breach and constructive dismissal and upheld its findings


Applicable law for construing contract
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The High Court has applied the Rome Convention to ascertain the applicable law in Chunilal v Merrill Lynch International Incorporated


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


Right to manifest religious belief
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • 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


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


Legal fees tax concession on termination agreements
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

Employees have historically enjoyed the benefit of a tax concession which allows his or her legal fees to be paid by the employer and to escape tax when they are paid as part of a settlement agreement


Burden of proof test in whistleblowing cases
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

In Fecitt and others v NHS Manchester, the EAT disagreed with the EAT decisions in London Borough of Harrow v Knight and Aspinall v MSI Mech Forge Limited when determining whether a detriment had been suffered as a result of a whistleblowing disclosure


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


Joint and several liability in discrimination claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

The EAT has highlighted the potential personal exposure for individuals in discrimination claims


Pay for interns?
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

A campaign has been launched, led by the graduate careers website ‘Graduate Fog’, to name and shame organisations that recruit interns to carry out ‘proper work’ but do not pay them the national minimum wage (NMW