We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 98

EAT uphold ET decision on maternity and redundancy scoring
  • Bircham Dyson Bell
  • United Kingdom
  • June 23 2011

The EAT has upheld the employment tribunal’s finding in Eversheds Legal Services Ltd v De Belin that Eversheds discriminated against a male employee on the ground of his sex when it artificially inflated a female employee’s score to credit her with maximum points whilst she was on maternity leave in the context of a redundancy scoring exercise


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


Appeal on volunteer’s discrimination case
  • Bircham Dyson Bell
  • United Kingdom
  • October 31 2011

The Supreme Court has given leave to appeal the decision in X v Mid Sussex Citizens Advice Bureau and others in which the Court of Appeal held that a volunteer working for the CAB could not bring a discrimination claim under the Disability Discrimination Act or under the Equal Treatment Directive


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


New decision on marital status discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • February 10 2012

In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married


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


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


Protection from harassment: course of conduct
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

In Marinello v City of Edinburgh Council the Inner House of the Court of Session has held that an interval of 17 months between incidents of harrassment at work did not automatically mean that there could not be a course of conduct for the purposes of protection under the Protection from Harassment Act 1997


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


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