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Results: 1-10 of 103

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


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


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


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


Territorial scope: Serco applied
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

Since October 1999, there has been no defined statutory territorial scope for the application of the right to claim unfair dismissal under the Employment Rights Act 1996 (section 94(1


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