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Results: 1-10 of 103

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


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


Minor breach of absence policy
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

The EAT in Sakharkar v Northern Foods Grocery Group Ltd ta Fox's biscuits issued a reminder that the larger an organisation is and the better resourced it is, the more closely it will be expected to abide by its own contractual procedures


Entire agreement clauses under scrutiny
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

It is common in employment contracts to include an 'entire agreement' clause which provides that the employment contract constitutes the entire understanding between employer and employee in relation to the employment


Employees or self employed? Intention irrelevant
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The Supreme Court in Autoclenz v Belcher upheld the Court of Appeal’s decision that car valeters, described as self employed and found to be self employed by the Inland Revenue were, on the facts, actually employees of Autoclenz


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


Revelation of sexual orientation
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The Court of Appeal in Grant v HM Land Registry held that an employee, Mr Grant, who had disclosed his homosexuality to his colleagues, could not later complain that the disclosure of that information to others constituted direct discrimination or harassment against him


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