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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


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


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


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


No discrimination claim for advert if no interest in application
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The EAT in Berry v Recruitment Revolution and others held that a person could not bring an age discrimination claim based on terminology in job adverts targeting younger applicants if he had no interest in applying for the job


Reinstatement is a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force


Employee can bring breach of TUPE information and consultation claim where there are no employee representatives
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The EAT in Hickling (ta Imperial Day Nursery) and others v Marshall applied the EAT's decision in Howard v Millrise that an affected employee could bring a claim for breach of the duty to inform under Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 where there was no union or elected representative


Pension assurances pass to new employer under TUPE
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

Transferee employers should always carry out careful due diligence to calculate the extent of the liabilities they are inheriting


Pay in lieu of notice did not include guaranteed bonus
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The Court of Appeal in Locke v Candy & Candy Ltd considered whether a clause providing that an employee had to be employed to receive a guaranteed bonus was sufficient to exclude that employee's right to compensation for that bonus when he was summarily dismissed