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Results: 1-10 of 130

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


Excessive cost a defence to not introducing a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

An employment tribunal agreed with the Foreign and Commonwealth Office's (FCO) decision to withdraw an offer to a deaf senior diplomat when it discovered that the cost of providing lip-speaker support would be unduly excessive


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


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


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


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


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


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


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


Post transfer dismissal and insolvent employer
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

In Pressure Cookers Ltd v Molloy and others, the EAT held that where an employee of an insolvent company transferred to another company in the context of a prepack administration sale and was dismissed shortly thereafter, it was the new purchaser company rather than the Secretary of State who had to pay the unfair dismissal basic award and notice pay