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12 month non solicitation clause too long
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The High Court has ruled in Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd that Mr Abbassi, an account executive who had worked for AFEX and moved to a competitor, IFX , was not bound by a 12 month non solicitation of customers or potential customers clause


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


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


Belief in anti fox hunting falls within ‘philosophical belief’ protection
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

An employment tribunal has allowed a claim for discrimination to proceed on the basis that a gardener's belief in anti fox hunting constituted, on the facts, a philosophical belief capable of protection under the Employment Equality (Religion or Belief) Regulations 2003


Union acceptance of collective redundancy procedure results in reduction of protective award
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days' pay to 60 days


Date of termination of employment is the date the dismissal letter is read
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Gisda Cyf v Barratt 2010 the Supreme Court upheld the EAT's decision that notification of dismissal sent in a letter by recorded delivery was received by the Claimant when she opened and read the letter, not when it arrived at home


PHI and holiday pay
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Souter v Royal College of Nursing a tribunal in Scotland held that Ms Souter was not entitled to sick pay for previous years when her employer had paid her in lieu of her final year's holiday entitlement on termination of her employment


When does an employment contract terminate?
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

The Court of Appeal has revisited the thorny question of the point at which an employment contract terminates for common law purposes


Summary dismissal during notice
  • Bircham Dyson Bell
  • United Kingdom
  • October 31 2011

It is common practice for employers to dismiss employees summarily rather than with notice where to give notice would enable an employee to accrue the necessary one year’s qualifying service (soon to increase to two years) to claim unfair dismissal


Wearing a poppy to work is not a philosophical belief
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

In Lisk v Shield Guardian Co Ltd and others an Employment Tribunal has held that an employee’s belief that “we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls’ Day on 2 November to Remembrance Sunday” did not amount to a philosophical belief capable of protection under the Equality Act 2010