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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


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


Knowledge of employer when dismissing
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In Orr v Milton Keynes Council the Court of Appeal held that, provided an employer has undertaken a thorough and fair investigation, it is entitled to take only those facts known to it at that time into account when deciding to dismiss


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


Workers must take or request holiday to be entitled to holiday pay
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The EAT has held that, contrary to the decisions in List Design v Douglas and Canada Life Ltd v Gray, workers are only entitled to statutory holiday pay under the Working Time Regulations if they take holiday or give notice that they wish to take holiday


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


Employee can bring breach of TUPE information and consultation claim where there are no employee representatives
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The EAT in Hickling (ta Imperial Day Nursery) and others v Marshall applied the EAT's decision in Howard v Millrise that an affected employee could bring a claim for breach of the duty to inform under Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 where there was no union or elected representative


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


Inflating a woman’s redundancy score when on maternity leave was discriminatory
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

An employment tribunal has held that the artificial inflation of a woman's score in a redundancy exercise, when she was on maternity leave was discriminatory against a male comparator