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Results: 1-10 of 98

Joint and several liability in discrimination claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 28 2011

The EAT has highlighted the potential personal exposure for individuals in discrimination claims


Sickness and annual leave
  • Bircham Dyson Bell
  • United Kingdom
  • October 9 2012

The Court of Appeal has upheld the EAT’s decision in NHS Leeds v Larner that a worker who was absent due to sickness for a whole leave year was entitled to payment for that year’s unused statutory holiday entitlement when her employment terminated


Post-employment victimisation claims
  • Bircham Dyson Bell
  • United Kingdom
  • November 6 2012

A claim for victimisation can be brought where an employee has been subjected to a detriment as a result of bringing a discrimination complaint


Dismissal because of close relationship was not marriage discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • May 31 2012

The EAT decision in Dunn v Institute of Cemetery and Crematorium Management held that marriage discrimination legislation protects a woman against being treated less favourably because she is married to a particular man


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


Different treatment of employees on dismissal may be justified
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

It is well established in case law that disparity of treatment between employees who have misbehaved in the same way may be grounds for unfair dismissal


Workers must take or request holiday to be entitled to holiday pay
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The EAT has held that, contrary to the decisions in List Design v Douglas and Canada Life Ltd v Gray, workers are only entitled to statutory holiday pay under the Working Time Regulations if they take holiday or give notice that they wish to take holiday


Advocate-General advises on trigger point for collective redundancy consultation
  • Bircham Dyson Bell
  • European Union, United Kingdom
  • May 31 2012

Knowing when to start collective redundancy consultation is a difficult issue for many employers


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