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TUPE: transfer of care services
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

In Nottinghamshire Healthcare NHS Trust v Hamshaw the EAT held that where a residential care home for vulnerable adults which had been operated by the NHS closed and the residents were returned to their homes and care transferred to two private sector care providers, TUPE did not apply


Age discrimination
  • Bircham Dyson Bell
  • Germany, United Kingdom
  • October 31 2011

In Prigge and others v Deutsche Lufthansa AG the ECJ held that a compulsory retirement age of 60 for Lufthansa airline pilots was in breach of the Equal Treatment Directive


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


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


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


Pension assurances pass to new employer under TUPE
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

Transferee employers should always carry out careful due diligence to calculate the extent of the liabilities they are inheriting


Right to manifest religious belief
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • April 4 2013

The key issue for the European Court of Human Rights in Eweida and Others v UK was whether a fair balance had been struck between an individual's


Retirement discussions were not age discriminatory
  • Bircham Dyson Bell
  • United Kingdom
  • February 28 2013

Following the abolition of the default retirement age in 2011, a dismissal based on an employee's age amounts to age discrimination, unless it can be


Revelation of sexual orientation
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The Court of Appeal in Grant v HM Land Registry held that an employee, Mr Grant, who had disclosed his homosexuality to his colleagues, could not later complain that the disclosure of that information to others constituted direct discrimination or harassment against him