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Results: 1-10 of 87

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


Some other substantial reason: pay cuts
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The EAT in Garside and Laycock Ltd v Booth held that when deciding whether a dismissal was fair for ‘some other substantial reason’ in the context of a pay cut being imposed by an employer, a tribunal had to ask the question whether the employer’s decision to impose the pay cut was reasonable


Different treatment of employees on dismissal may be justified
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

It is well established in case law that disparity of treatment between employees who have misbehaved in the same way may be grounds for unfair dismissal


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


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


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


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


Post transfer liabilities and the NI fund
  • Bircham Dyson Bell
  • United Kingdom
  • October 31 2011

In Pressure Coolers Ltd v Molloy the EAT followed the line of reasoning in OTG v Barke that liabilities in respect of an employee who transfers under TUPE cannot fall to be paid by the Secretary of State out of the National Insurance Fund