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Results: 1-10 of 87

Negligent misstatement
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

An interesting case in the High Court examined the situation where an ex-employer badmouths a former employee several years after employment has ended


New decision on marital status discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married


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


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


Excessive cost a defence to not introducing a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

An employment tribunal agreed with the Foreign and Commonwealth Office's (FCO) decision to withdraw an offer to a deaf senior diplomat when it discovered that the cost of providing lip-speaker support would be unduly excessive


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


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