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Results: 1-10 of 98

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


When does an employment contract terminate?
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

The Court of Appeal has revisited the thorny question of the point at which an employment contract terminates for common law purposes


Employer’s liability for violent acts of employees
  • Bircham Dyson Bell
  • United Kingdom
  • March 31 2012

It is a long-established principle that an employer will not be vicariously liable for the act of an employee unless the act was committed in the course of employment


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


Court of Appeal overturns High Court in BA strike injunction
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The Court of Appeal's decision in Unite the Union v British Airways plc, overturning the High Court's ruling that BA had an arguable case that Unite had failed to take reasonable steps to inform its members of the strike ballot result, has now been published


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


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


Employment tribunal was wrong to substitue its own view on dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In DB Schenker Rail (UK) Ltd v Doolan, the Scottish EAT held that an employment tribunal wrongly decided that the employer was not entitled to conclude, on the basis of expert evidence, that an employee was unfit to return to work


Unknown purchaser liable for TUPE related dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

Regulation 7 of TUPE states that a dismissal will be automatically unfair if the main reason for dismissal is the transfer itself, or a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce (‘ETO reason’


Tribunal rules that all statutory holiday can be carried over
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

In Adams and another v Harwich International Port Ltd, a tribunal has held that where an employee is unable to take his holiday during the leave year because of sickness, he should be entitled to carry forward all 5.6 weeks statutory leave to the next leave year, not just the core 4 statutory weeks