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Social media guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

Acas has produced guidance on ‘Social Networking’ for employers encouraging them to introduce policies on the use of social media at work


Without prejudice rule kept in check
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The EAT in Woodward v Santander UK Plc considered the ambit of the without prejudice rule in settlement negotiations


Employment tribunal was wrong to substitue its own view on dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In DB Schenker Rail (UK) Ltd v Doolan, the Scottish EAT held that an employment tribunal wrongly decided that the employer was not entitled to conclude, on the basis of expert evidence, that an employee was unfit to return to work


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


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


Agency Workers Regulations: guidance
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The Agency Workers Regulations Final Guidance was published on 6 May 2011


Illegal contracts and discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

If an employee works under an illegal contract, he is unlikely to be able to pursue contractual and statutory employment claims


EAT uphold ET decision on maternity and redundancy scoring
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The EAT has upheld the employment tribunal’s finding in Eversheds Legal Services Ltd v De Belin that Eversheds discriminated against a male employee on the ground of his sex when it artificially inflated a female employee’s score to credit her with maximum points whilst she was on maternity leave in the context of a redundancy scoring exercise


Fiduciary duties and account of profits
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

Senior employees and directors owe fiduciary duties to their employer which require them not to make secret profits from their employer


Extra statutory concession for legal fees
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

Last month (May ’11) we looked at the concerns raised by practitioners about the new Extra Statutory Concessions Order 2011 (SI 20111037) which enacts ESC A81 exempting legal fees from tax where these are paid as part of a termination agreement and are paid directly to the employee’s solicitor