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Results: 1-10 of 103

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


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


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


Supreme Court looks at indirect age discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • June 30 2012

Mr Homer retired from the police at age 51, and began work for the Police National Legal Database (PNLD) as a legal adviser


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


Constructive dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In Tullett Prebon plc v BGC Brokers LP the Court of Appeal considered the High Court's construction of issues relating to repudiatory breach and constructive dismissal and upheld its findings


Administrations and TUPE: Oakland -v- Wellswood revisited
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

Where a company goes into administration and the administrators sell on part or all of the business the question arises whether accrued employee liabilities will pass over to the buyer, who may inherit an unexpected list of old debts


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