We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 130

The Equality Strategy
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The Government Equalities Office has published 'The Equality Strategy - Building a Fairer Britain' which indicates its intention to implement s159 of the Equality Act 2010 (allowing positive action in recruitment and promotion) from April 2011 and sets out a scheme for voluntary gender pay reporting in the private and voluntary sectors


Some other substantial reason: pay cuts
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The EAT in Garside and Laycock Ltd v Booth held that when deciding whether a dismissal was fair for ‘some other substantial reason’ in the context of a pay cut being imposed by an employer, a tribunal had to ask the question whether the employer’s decision to impose the pay cut was reasonable


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


Liability of administrators for acts of discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In another case involving administrators, an employment tribunal somewhat controversially has held that the individual administrators could be liable as principals in an agency relationship with employees of a company in administration


TUPE: transfer of care services
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

In Nottinghamshire Healthcare NHS Trust v Hamshaw the EAT held that where a residential care home for vulnerable adults which had been operated by the NHS closed and the residents were returned to their homes and care transferred to two private sector care providers, TUPE did not apply


Length of service is not relevant to sickness investigation
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

The EAT has held in another incapability case that an employment tribunal was wrong to require that an employer should have taken length of service into account, and to require that it should have followed a particular procedure when obtaining further medical evidence


New decision on marital status discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married


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


Adjustments: further EAT guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

Further clarification on what constitutes an adjustment for the purposes of the Disability Discrimination Act was provided by the EAT in Leeds Teaching Hospital NHS Trust v Foster


Reasonable adjustments: EAT guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

In Salford NHS Primary Care Trust v Smith the EAT decided that it was not a reasonable adjustment for the purposes of the Disability Discrimination Act (DDA, now enshrined in the Equality Act) to propose a career break to an employee who was on long term sick leave