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Results: 1-10 of 103

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


Applicable law for construing contract
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The High Court has applied the Rome Convention to ascertain the applicable law in Chunilal v Merrill Lynch International Incorporated


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


Retraction of dismissal only in exceptional cases
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

In Willoughby v CF Capital plc the EAT found that an attempted retraction of a dismissal by CF Capital plc of Ms Willoughby following discussions with her about changing her employment status was not valid


Cap on overperformance bonus
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The Court of Appeal in GX Networks Ltd v Greenland has issued a timely reminder to employers to take care when drafting bonus schemes


TUPE: ETO reason established where narrower product range
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

In Nationwide Building Society v Benn and others the EAT ruled that the dismissals of Mr Benn and some of his colleagues fell within the ETO (economic technical or organisational) exception of the TUPE Regulations where the difference in product range of the transferee company entailed a change in the workforce


Article 6 ('The right to a fair hearing’) not engaged
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

In Hameed v Central Manchester University Hospitals NHS Foundation Trust, the High Court considered whether Central Manchester NHS Foundation Trust was in breach of Article 6 of the European Convention of Human Rights when it dismissed Dr Hameed for gross misconduct


Holiday pay during sick leave
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

An employment tribunal in Khan v Martin McColl has considered the impact of HMRC v Stringer (see Employment Briefing July 09) where an employee on long term sick leave did not request holiday during his sick leave


Court of Appeal rules on compulsory retirement at 65
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

In Seldon v Clarkson Wright & Jakes and Secretary of State for Business Innovation and Skills the Court of Appeal upheld a tribunal decision that a law firm's rule that its partners should be compulsorily retired on reaching the age of 65 could be justified as a proportionate means of achieving legitimate aims


Phasing out the default retirement age
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

As noted above in Seldon v Clarkson Wright, the government has invited consultation on the proposal to scrap the default retirement age from 1 October 2011