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Results: 1-10 of 482

TUPE London Borough of Hillingdon v Anne Gormanley and others
  • Bird & Bird
  • United Kingdom
  • January 28 2015

The Employment Tribunal erred in finding that a group of managerial employees were assigned to an organised grouping that transferred under TUPE. In


Jurisdiction Lodge v Dignity & Choice in Dying and another
  • Bird & Bird
  • United Kingdom
  • January 28 2015

An employee who voluntarily moved to Australia and worked there remotely for four and a half years was entitled to bring claims in the UK Employment


Duty to consult affected by employer’s genuine belief that TUPE did not apply?
  • Bird & Bird
  • United Kingdom
  • January 26 2009

In an unusual decision, the EAT has suggested that compliance with the TUPE regulations may depend to some extent on whether the employer thinks that TUPE applies or not


Length of service does not necessarily justify pay differentiation
  • Bird & Bird
  • United Kingdom
  • January 26 2009

In Wilson v Health & Safety Executive the EAT considered an equal pay claim trying to interpret the ECJ decision in Cadman v HSE which said that an employer would have a defence to an equal pay claim and a differential in pay could be justified, if the employer showed that pay levels depended on length of service, provided that the job was one where experience would enhance performance


Sexual orientation discrimination can occur where victim is not gay and his harassers know it
  • Bird & Bird
  • United Kingdom
  • January 26 2009

In English v Thomas Sanderson the Court of Appeal (but only by a 21 majority) has overturned the EAT and decided that an employee can be harassed 'on grounds of sexual orientation' when he is subjected to homophobic taunts, even though he is not himself homosexual and the taunting colleagues know that


No religious discrimination where Christian beliefs run counter to employer’s lawful instruction
  • Bird & Bird
  • United Kingdom
  • January 26 2009

LB Islington v Ladele was the well-publicised case of the Christian registrar


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


Compensation - polkey deduction and "stigma" damages
  • Bird & Bird
  • United Kingdom
  • December 10 2009

There is no cap on the amount of compensation that can be awarded for unlawful discrimination


Employees compensated for failure to consult even where no "measures" envisaged
  • Bird & Bird
  • United Kingdom
  • December 10 2009

The Employment Appeal Tribunal (EAT) has recently taken a close look at regulations 13(2) and 13(6) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE


BYOD security risks and policy solutions
  • Bird & Bird
  • United Kingdom
  • September 5 2013

The popularity of personal smartphones and tablets continues to affect the workplace. Employees increasingly want to use their own devices at work