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Results: 1-10 of 98

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


No discrimination claim for advert if no interest in application
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

The EAT in Berry v Recruitment Revolution and others held that a person could not bring an age discrimination claim based on terminology in job adverts targeting younger applicants if he had no interest in applying for the job


Reinstatement is a reasonable adjustment
  • Bircham Dyson Bell
  • United Kingdom
  • January 5 2011

In Hinsley v Chief Constable of West Mercia Constabulary the EAT held that the Chief Constable of West Mercia should have offered reinstatement as a 'reasonable adjustment' to an employee with depression who resigned from the police force


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


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


Liability of administrators for acts of discrimination
  • Bircham Dyson Bell
  • United Kingdom
  • April 1 2011

In another case involving administrators, an employment tribunal somewhat controversially has held that the individual administrators could be liable as principals in an agency relationship with employees of a company in administration


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


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


Collective consultation and 'establishments'
  • Bircham Dyson Bell
  • United Kingdom
  • January 31 2013

The duty to consult collectively applies where it is proposed to make 20 or more redundancies at one establishment, but there is no statutory


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