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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


EHRC press for review of Eweida and Ladele
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • October 31 2011

The Equality and Human Rights Commission (EHRC) have expressed discomfort with the decisions in Eweida v British Airways plc and Ladele and McFarlane v United Kingdom and is intervening before the European Court of Human Rights


Age discrimination
  • Bircham Dyson Bell
  • Germany, United Kingdom
  • October 31 2011

In Prigge and others v Deutsche Lufthansa AG the ECJ held that a compulsory retirement age of 60 for Lufthansa airline pilots was in breach of the Equal Treatment Directive


Social media and gross misconduct
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

In Preece v JD Wetherspoons plc an employment tribunal considered the use of social media (in this case, Facebook) in the context of gross misconduct


Article 6 and disciplinary proceedings
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The High Court has considered again the applicability of Article 6 of the European Convention on Human Rights (the right to a fair and public hearing by an independent and impartial tribunal) in the context of disciplinary proceedings


Identity of potential transferee not necessary for TUPE
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The EAT in Spaceright Europe Ltd v Ballavoine and another has followed the EAT’s decision in Harrison Bowden v Bowden in deciding that it was not necessary to identify a particular transferee in order to find that an employee had been automatically unfairly dismissed in the context of a TUPE transfer


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


Reinstatement is a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force


Employee can bring breach of TUPE information and consultation claim where there are no employee representatives
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The EAT in Hickling (ta Imperial Day Nursery) and others v Marshall applied the EAT's decision in Howard v Millrise that an affected employee could bring a claim for breach of the duty to inform under Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 where there was no union or elected representative


Excessive cost a defence to not introducing a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

An employment tribunal agreed with the Foreign and Commonwealth Office's (FCO) decision to withdraw an offer to a deaf senior diplomat when it discovered that the cost of providing lip-speaker support would be unduly excessive