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Results: 1-10 of 98

12 month non solicitation clause too long
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The High Court has ruled in Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd that Mr Abbassi, an account executive who had worked for AFEX and moved to a competitor, IFX , was not bound by a 12 month non solicitation of customers or potential customers clause


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


Wearing a poppy to work is not a philosophical belief
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

In Lisk v Shield Guardian Co Ltd and others an Employment Tribunal has held that an employee’s belief that “we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls’ Day on 2 November to Remembrance Sunday” did not amount to a philosophical belief capable of protection under the Equality Act 2010


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


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


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


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


Reason for dismissal
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

The EAT in Screene v Seatwave Ltd had to consider whether a dismissal which purported to be misconduct could be a fair dismissal if the tribunal finds it to have been for capability and misconduct


Disability discrimination: reasonable adjustments
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

We reported in an earlier E-briefing on the case of Ms Cordell, the deaf diplomat who was not considered for an overseas posting because of the prohibitive costs involved in providing her with a lip speaker


Exercise of discretion in awarding costs
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

An employment tribunal has discretion to award costs where a party has acted vexatiously, abusively, disruptively or unreasonably, and the tribunal considers that it would be appropriate