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Results: 1-10 of 103

Advocate-General advises on trigger point for collective redundancy consultation
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • May 31 2012

Knowing when to start collective redundancy consultation is a difficult issue for many employers


Dismissal because of close relationship was not marriage discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • May 31 2012

The EAT decision in Dunn v Institute of Cemetery and Crematorium Management held that marriage discrimination legislation protects a woman against being treated less favourably because she is married to a particular man


Out of time equal pay tribunal claims can proceed in the High Court
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

Equal pay claims can be brought in the employment tribunal (subject to a six month time limit) or as a contract claim in the courts for breach of the implied contractual equality clause (subject to a limitation period of six years


Weight Watchers leaders are employees for tax purposes
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968


Exercise of discretion in awarding costs
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

An employment tribunal has discretion to award costs where a party has acted vexatiously, abusively, disruptively or unreasonably, and the tribunal considers that it would be appropriate


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


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