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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


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


Employment tribunal was wrong to substitue its own view on dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In DB Schenker Rail (UK) Ltd v Doolan, the Scottish EAT held that an employment tribunal wrongly decided that the employer was not entitled to conclude, on the basis of expert evidence, that an employee was unfit to return to work


Unknown purchaser liable for TUPE related dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

Regulation 7 of TUPE states that a dismissal will be automatically unfair if the main reason for dismissal is the transfer itself, or a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce (‘ETO reason’


Tribunal rules that all statutory holiday can be carried over
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

In Adams and another v Harwich International Port Ltd, a tribunal has held that where an employee is unable to take his holiday during the leave year because of sickness, he should be entitled to carry forward all 5.6 weeks statutory leave to the next leave year, not just the core 4 statutory weeks


Post transfer dismissal and insolvent employer
  • Bircham Dyson Bell
  • United Kingdom
  • August 5 2011

In Pressure Cookers Ltd v Molloy and others, the EAT held that where an employee of an insolvent company transferred to another company in the context of a prepack administration sale and was dismissed shortly thereafter, it was the new purchaser company rather than the Secretary of State who had to pay the unfair dismissal basic award and notice pay


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


Joint and several liability in discrimination claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

The EAT has highlighted the potential personal exposure for individuals in discrimination claims