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Results: 1-10 of 87

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


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


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


Redundancy: bumping
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

The EAT in Fulcrum Pharma (Europe) Ltd v Bonassera and another considered whether an employee had been unfairly dismissed for redundancy where bumping was not considered as an option


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


Minor breach of absence policy
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

The EAT in Sakharkar v Northern Foods Grocery Group Ltd ta Fox's biscuits issued a reminder that the larger an organisation is and the better resourced it is, the more closely it will be expected to abide by its own contractual procedures


Entire agreement clauses under scrutiny
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

It is common in employment contracts to include an 'entire agreement' clause which provides that the employment contract constitutes the entire understanding between employer and employee in relation to the employment


Employees or self employed? Intention irrelevant
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The Supreme Court in Autoclenz v Belcher upheld the Court of Appeal’s decision that car valeters, described as self employed and found to be self employed by the Inland Revenue were, on the facts, actually employees of Autoclenz


Illegal contracts and discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

If an employee works under an illegal contract, he is unlikely to be able to pursue contractual and statutory employment claims


EAT uphold ET decision on maternity and redundancy scoring
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The EAT has upheld the employment tribunal’s finding in Eversheds Legal Services Ltd v De Belin that Eversheds discriminated against a male employee on the ground of his sex when it artificially inflated a female employee’s score to credit her with maximum points whilst she was on maternity leave in the context of a redundancy scoring exercise