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Results: 1-10 of 98

Reasonable adjustments: EAT guidance
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

In Salford NHS Primary Care Trust v Smith the EAT decided that it was not a reasonable adjustment for the purposes of the Disability Discrimination Act (DDA, now enshrined in the Equality Act) to propose a career break to an employee who was on long term sick leave


Cap on overperformance bonus
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The Court of Appeal in GX Networks Ltd v Greenland has issued a timely reminder to employers to take care when drafting bonus schemes


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


Protection from harassment: course of conduct
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

In Marinello v City of Edinburgh Council the Inner House of the Court of Session has held that an interval of 17 months between incidents of harrassment at work did not automatically mean that there could not be a course of conduct for the purposes of protection under the Protection from Harassment Act 1997


Sharon Shoesmith
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

As reported widely in the press, the Court of Appeal has allowed Sharon Shoesmith’s appeal against the Secretary of State and Haringey London Borough Council relating to judicial review of the decision to dismiss her in the light of the death of Baby P


Costs relevant for objective justification
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

In Cherfi v G4S Security Services Ltd, the EAT held that G4S’s request to a Muslim security guard to man a site throughout Friday lunchtimes when he wished to attend his Mosque was, in the circumstances, objectively justifiable


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


EHRC press for review of Eweida and Ladele
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • October 31 2011

The Equality and Human Rights Commission (EHRC) have expressed discomfort with the decisions in Eweida v British Airways plc and Ladele and McFarlane v United Kingdom and is intervening before the European Court of Human Rights


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


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