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Results: 1-10 of 98

Some other substantial reason: pay cuts
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

The EAT in Garside and Laycock Ltd v Booth held that when deciding whether a dismissal was fair for ‘some other substantial reason’ in the context of a pay cut being imposed by an employer, a tribunal had to ask the question whether the employer’s decision to impose the pay cut was reasonable


Territorial scope: Serco applied
  • Bircham Dyson Bell
  • United Kingdom
  • September 22 2011

Since October 1999, there has been no defined statutory territorial scope for the application of the right to claim unfair dismissal under the Employment Rights Act 1996 (section 94(1


Negligent misstatement
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

An interesting case in the High Court examined the situation where an ex-employer badmouths a former employee several years after employment has ended


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


Belief in anti fox hunting falls within ‘philosophical belief’ protection
  • Bircham Dyson Bell
  • United Kingdom
  • May 19 2011

An employment tribunal has allowed a claim for discrimination to proceed on the basis that a gardener's belief in anti fox hunting constituted, on the facts, a philosophical belief capable of protection under the Employment Equality (Religion or Belief) Regulations 2003


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


Redundancy: bumping
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

The EAT in Fulcrum Pharma (Europe) Ltd v Bonassera and another considered whether an employee had been unfairly dismissed for redundancy where bumping was not considered as an option


Knowledge of employer when dismissing
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In Orr v Milton Keynes Council the Court of Appeal held that, provided an employer has undertaken a thorough and fair investigation, it is entitled to take only those facts known to it at that time into account when deciding to dismiss