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Belief in anti fox hunting falls within ‘philosophical belief’ protection
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

An employment tribunal has allowed a claim for discrimination to proceed on the basis that a gardener's belief in anti fox hunting constituted, on the facts, a philosophical belief capable of protection under the Employment Equality (Religion or Belief) Regulations 2003


Union acceptance of collective redundancy procedure results in reduction of protective award
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days' pay to 60 days


Date of termination of employment is the date the dismissal letter is read
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Gisda Cyf v Barratt 2010 the Supreme Court upheld the EAT's decision that notification of dismissal sent in a letter by recorded delivery was received by the Claimant when she opened and read the letter, not when it arrived at home


Frustration
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

Frustration of contracts is rare


PHI and holiday pay
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Souter v Royal College of Nursing a tribunal in Scotland held that Ms Souter was not entitled to sick pay for previous years when her employer had paid her in lieu of her final year's holiday entitlement on termination of her employment


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


Summary dismissal during notice
  • Bircham Dyson Bell
  • United Kingdom
  • October 31 2011

It is common practice for employers to dismiss employees summarily rather than with notice where to give notice would enable an employee to accrue the necessary one year’s qualifying service (soon to increase to two years) to claim unfair dismissal


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


Wearing a poppy to work is not a philosophical belief
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

In Lisk v Shield Guardian Co Ltd and others an Employment Tribunal has held that an employee’s belief that “we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls’ Day on 2 November to Remembrance Sunday” did not amount to a philosophical belief capable of protection under the Equality Act 2010


Different treatment of employees on dismissal may be justified
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

It is well established in case law that disparity of treatment between employees who have misbehaved in the same way may be grounds for unfair dismissal