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Results: 1-10 of 87

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


Applicable law for construing contract
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The High Court has applied the Rome Convention to ascertain the applicable law in Chunilal v Merrill Lynch International Incorporated


ECJ rules on pay during maternity suspension
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • August 10 2010

The issue of pregnant workers' loss of supplementary allowances during maternity suspension and alternative work was considered by the ECJ in Gassmayr v Bundesminister fuer Wissenschaft und Forschung and Parviainen v Finnair Oyj


Social media and gross misconduct
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

In Preece v JD Wetherspoons plc an employment tribunal considered the use of social media (in this case, Facebook) in the context of gross misconduct


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


No need to request holiday leave for statutory entitlement
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

In NHS Leeds v Larner the EAT held that an employee who had been on sick leave throughout the holiday leave year was entitled to a payment representing accrued and unused statutory holiday entitlement on termination of her employment


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


Burden of proof test in whistleblowing cases
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

In Fecitt and others v NHS Manchester, the EAT disagreed with the EAT decisions in London Borough of Harrow v Knight and Aspinall v MSI Mech Forge Limited when determining whether a detriment had been suffered as a result of a whistleblowing disclosure


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