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Results: 1-10 of 103

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


Sharon Shoesmith
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

As reported widely in the press, the Court of Appeal has allowed Sharon Shoesmith’s appeal against the Secretary of State and Haringey London Borough Council relating to judicial review of the decision to dismiss her in the light of the death of Baby P


Costs relevant for objective justification
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

In Cherfi v G4S Security Services Ltd, the EAT held that G4S’s request to a Muslim security guard to man a site throughout Friday lunchtimes when he wished to attend his Mosque was, in the circumstances, objectively justifiable


Negligent misstatement
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

An interesting case in the High Court examined the situation where an ex-employer badmouths a former employee several years after employment has ended


Compensation for career long loss
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

The Court of Appeal has given some useful guidance on how to calculate long term loss in Wardle v Credit Agricole Corporate and Investment Bank


EAT considers liability for agency worker’s discriminatory acts
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

The EAT in Mahood v Irish Centre Housing Ltd held that under discrimination legislation, an employer could be held liable for the discriminatory acts of an agency worker in a situation where that worker was exercising the authority of, or being controlled by, the employer or where he had the employer’s authority to do the acts (which were capable of being done in a discriminatory manner just as they were capable of being done in a lawful manner


Referral to ECJ in Alemo-Herron
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

The Supreme Court has made a reference to the ECJ in the case of Parkwood Leisure v Alemo-Herron to ascertain whether the Acquired Rights Directive precludes national courts from applying a ‘dynamic’ interpretation to regulation 5 of TUPE (automatic transfer of employees and associated rights and liabilities), particularly in relation to the ongoing application of collective agreements


Caution: avoid mention of legal advice in statements
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

The Court of Appeal in the case of D (a child) has held that the attachment of privilege to legal advice was waived when that advice was referred to in detail in the contents of a witness statement from one of the parties in child care proceedings


Supreme Court rules on legal representation at disciplinary hearings
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

The Supreme Court has heard the appeal in R (on the application of G) v Governors of X School 2011 UKSC 30 brought by a School against a decision by the High Court (upheld by the Court of Appeal) that G, a teacher accused of inappropriate sexual misconduct with a pupil, should be entitled to legal representation at his disciplinary hearing


Hearsay evidence not admissible
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

The Administrative Court has held to be ��irrational’ and a breach of Article 6 of the ECHR a decision by the General Medical Council (GMC) to admit hearsay evidence when such evidence would not be admissible under the criminal laws of evidence