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Results: 1-10 of 130

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


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


Cap on overperformance bonus
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The Court of Appeal in GX Networks Ltd v Greenland has issued a timely reminder to employers to take care when drafting bonus schemes


Pay in lieu of notice did not include guaranteed bonus
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The Court of Appeal in Locke v Candy & Candy Ltd considered whether a clause providing that an employee had to be employed to receive a guaranteed bonus was sufficient to exclude that employee's right to compensation for that bonus when he was summarily dismissed


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


Out of time equal pay tribunal claims can proceed in the High Court
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

Equal pay claims can be brought in the employment tribunal (subject to a six month time limit) or as a contract claim in the courts for breach of the implied contractual equality clause (subject to a limitation period of six years


Weight Watchers leaders are employees for tax purposes
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968


Changes to employment law announced
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The Government has announced many fundamental changes to employment law, although it has not yet published full details of how the changes will operate in practice


Exercise of discretion in awarding costs
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

An employment tribunal has discretion to award costs where a party has acted vexatiously, abusively, disruptively or unreasonably, and the tribunal considers that it would be appropriate