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Agency workers - Smith v Carillion
  • Bird & Bird
  • United Kingdom
  • March 3 2014

In Smith v Carillion, the claimant was employed by an agency to work on a construction site. The engagement ended because his name was on a union


TUPE - harmonisation of terms
  • Bird & Bird
  • United Kingdom
  • March 3 2014

In Hazel v Manchester College, the Court of Appeal (CA) considered the case where an employer tried to cut costs, and also tried to harmonise 37


An employer's guide to the World Cup 2014
  • Bird & Bird
  • United Kingdom
  • June 6 2014

With the FIFA World Cup kicking off in less than a week, we consider some of the key issues which it raises for employers and we give some tips on


Balancing employer’s duties with employee’s rights
  • Bird & Bird
  • United Kingdom
  • July 1 2014

In AB v A Chief Constable, the High Court considered a case where, when giving a reference, the police force in question ('the old employer') had


Pay deduction for failure to work notice period was enforceable
  • Bird & Bird
  • United Kingdom
  • July 1 2014

In Yizhen Li v First Marine Solutions, the EAT considered whether a clause in an employment contract allowing the employer to deduct a month's salary


No failure to make adjustments ‘by association’
  • Bird & Bird
  • United Kingdom
  • July 1 2014

In Hainsworth v Ministry of Defence, the Court of Appeal considered an employee who was not herself disabled, but who had a daughter with Down's


UK: Job advert for a PA specifying bra size? Surely not
  • Bird & Bird
  • United Kingdom
  • November 11 2016

Sadly it’s true. A recruitment agency was widely criticised in the press last month after posting job adverts for “attractive women” and specifying


Sleeping whilst on the job: are employees entitled to be paid?
  • Bird & Bird
  • United Kingdom
  • May 23 2017

The Employment Appeal Tribunal (EAT) has concluded that a multifactorial approach is required when deciding whether employees who are on-call or


Alemo-Herron v Parkwood Leisure - 'dynamic' interpretation rejected
  • Bird & Bird
  • European Union, United Kingdom
  • September 17 2013

In Alemo-Herron v Parkwood Leisure, the European Court of Justice upheld the Court of Appeal decision made in this case in 2010 that TUPE does not


TUPE transfer after share purchase
  • Bird & Bird
  • United Kingdom
  • May 16 2014

In Jackson Lloyd and Mears v Smith and others, the EAT had to decide whether there was a TUPE transfer when - One company (ML) had purchased 100 of