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Results: 1-10 of 103

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


Collective consultation and 'establishments'
  • Bircham Dyson Bell
  • United Kingdom
  • January 31 2013

The duty to consult collectively applies where it is proposed to make 20 or more redundancies at one establishment, but there is no statutory


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


Whistleblowing confusion
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

The question of to what extent a detriment is caused by a protected disclosure in the context of the whistleblowing legislation has been the subject of conflicting EAT decisions


Where to litigate?
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

Litigants are often able to bring claims in more than one forum in relation to the same issues


TUPE and changes to terms after transfer
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

Two recent EAT decisions have clarified when it may be possible to make changes to the terms of transferring staff and not fall foul of Regulation 4(4) of TUPE 2006


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


Reason for dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

The EAT in Screene v Seatwave Ltd had to consider whether a dismissal which purported to be misconduct could be a fair dismissal if the tribunal finds it to have been for capability and misconduct


Disability discrimination: reasonable adjustments
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

We reported in an earlier E-briefing on the case of Ms Cordell, the deaf diplomat who was not considered for an overseas posting because of the prohibitive costs involved in providing her with a lip speaker