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Meaning of ‘organised grouping of employees' under TUPE
  • Bircham Dyson Bell
  • United Kingdom
  • July 26 2012

In Seawell Ltd v Ceva Freight (UK) Ltd, the Scottish EAT again considered the meaning of ‘an organised grouping of employees’ in the context of service provision changes under TUPE, and followed the approach set out in Argyll Coastal Services Ltd v Stirling


Court guidance on aggravated damages
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In Commissioner of Police of the Metropolis v Shaw, the EAT considered when aggravated damages should be awarded, and their relationship with awards for injury to feelings


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


Dismissal because of close relationship was not marriage discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • May 31 2012

The EAT decision in Dunn v Institute of Cemetery and Crematorium Management held that marriage discrimination legislation protects a woman against being treated less favourably because she is married to a particular man


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


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


Collective consultation and 'establishments'
  • Bircham Dyson Bell
  • United Kingdom
  • January 31 2013

The duty to consult collectively applies where it is proposed to make 20 or more redundancies at one establishment, but there is no statutory


Advocate-General advises on trigger point for collective redundancy consultation
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • May 31 2012

Knowing when to start collective redundancy consultation is a difficult issue for many employers


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


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