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Results: 1-10 of 103

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


Without prejudice rule kept in check
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The EAT in Woodward v Santander UK Plc considered the ambit of the without prejudice rule in settlement negotiations


Unlimited loss of earnings following breach of disciplinary procedure
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust the Court of Appeal overturned an EAT's decision that damages were limited to notice and a notional period for a disciplinary process where a contractual procedure was not adhered to


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


Court of Appeal overturns High Court in BA strike injunction
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

The Court of Appeal's decision in Unite the Union v British Airways plc, overturning the High Court's ruling that BA had an arguable case that Unite had failed to take reasonable steps to inform its members of the strike ballot result, has now been published


Inflating a woman’s redundancy score when on maternity leave was discriminatory
  • Bircham Dyson Bell
  • United Kingdom
  • July 10 2010

An employment tribunal has held that the artificial inflation of a woman's score in a redundancy exercise, when she was on maternity leave was discriminatory against a male comparator


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


Meaning of ‘organised grouping of employees' under TUPE
  • Bircham Dyson Bell
  • United Kingdom
  • July 26 2012

In Seawell Ltd v Ceva Freight (UK) Ltd, the Scottish EAT again considered the meaning of ‘an organised grouping of employees’ in the context of service provision changes under TUPE, and followed the approach set out in Argyll Coastal Services Ltd v Stirling


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


Whistleblowing confusion
  • Bircham Dyson Bell
  • United Kingdom
  • December 31 2011

The question of to what extent a detriment is caused by a protected disclosure in the context of the whistleblowing legislation has been the subject of conflicting EAT decisions