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Results: 1-10 of 87

Holiday pay during sick leave
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

An employment tribunal in Khan v Martin McColl has considered the impact of HMRC v Stringer (see Employment Briefing July 09) where an employee on long term sick leave did not request holiday during his sick leave


Court of Appeal rules on compulsory retirement at 65
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

In Seldon v Clarkson Wright & Jakes and Secretary of State for Business Innovation and Skills the Court of Appeal upheld a tribunal decision that a law firm's rule that its partners should be compulsorily retired on reaching the age of 65 could be justified as a proportionate means of achieving legitimate aims


Phasing out the default retirement age
  • Bircham Dyson Bell
  • United Kingdom
  • September 6 2010

As noted above in Seldon v Clarkson Wright, the government has invited consultation on the proposal to scrap the default retirement age from 1 October 2011


Transferred collective agreements incorporate legislative changes
  • Bircham Dyson Bell
  • United Kingdom
  • August 10 2010

The EAT in Worrall and others v Willmott Dixon Partnership Ltd and another considered the effect of the decision in Parkwood Leisure Ltd v Alemo-Herron and others, that only the terms of a collective agreement in force at the point of a TUPE transfer would bind a transferee and subsequent changes to the collective agreement would not bind it


Weight Watchers leaders are employees for tax purposes
  • Bircham Dyson Bell
  • United Kingdom
  • January 25 2012

The guidelines for identifying whether a relationship is one of employment or selfemployment are well-established, dating from Ready Mixed Concrete (SE) Ltd v Minister of Pensions and National Insurance in 1968


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


Excessive cost a defence to not introducing a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

An employment tribunal agreed with the Foreign and Commonwealth Office's (FCO) decision to withdraw an offer to a deaf senior diplomat when it discovered that the cost of providing lip-speaker support would be unduly excessive


Date of termination of employment is the date the dismissal letter is read
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Gisda Cyf v Barratt 2010 the Supreme Court upheld the EAT's decision that notification of dismissal sent in a letter by recorded delivery was received by the Claimant when she opened and read the letter, not when it arrived at home


PHI and holiday pay
  • Bircham Dyson Bell
  • United Kingdom
  • December 2 2010

In Souter v Royal College of Nursing a tribunal in Scotland held that Ms Souter was not entitled to sick pay for previous years when her employer had paid her in lieu of her final year's holiday entitlement on termination of her employment


Compensation for career long loss
  • Bircham Dyson Bell
  • United Kingdom
  • July 20 2011

The Court of Appeal has given some useful guidance on how to calculate long term loss in Wardle v Credit Agricole Corporate and Investment Bank