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Results: 1-10 of 103

Post-employment victimisation claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 6 2012

A claim for victimisation can be brought where an employee has been subjected to a detriment as a result of bringing a discrimination complaint


Adjustments: further EAT guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

Further clarification on what constitutes an adjustment for the purposes of the Disability Discrimination Act was provided by the EAT in Leeds Teaching Hospital NHS Trust v Foster


Reasonable adjustments: EAT guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

In Salford NHS Primary Care Trust v Smith the EAT decided that it was not a reasonable adjustment for the purposes of the Disability Discrimination Act (DDA, now enshrined in the Equality Act) to propose a career break to an employee who was on long term sick leave


References: outstanding allegations
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

The Court of Appeal in Jackson v Liverpool City Council considered a claim for damages against the Council when it provided a reference which encompassed concerns about Mr Jackson’s work which had come to light after the termination of his employment


Rise in part time workers and age discrimination claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

The ET and EAT 20102011 statistics have been published, showing a threefold increase in part time workers’ claims and a 32 increase in claims for age discrimination


Employer’s liability for violent acts of employees
  • Bircham Dyson Bell
  • United Kingdom
  • March 31 2012

It is a long-established principle that an employer will not be vicariously liable for the act of an employee unless the act was committed in the course of employment


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


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


ECJ rules on pay during maternity suspension
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • August 10 2010

The issue of pregnant workers' loss of supplementary allowances during maternity suspension and alternative work was considered by the ECJ in Gassmayr v Bundesminister fuer Wissenschaft und Forschung and Parviainen v Finnair Oyj