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Searching Content by Bird & Bird's Labour & Employment Group ordered by Published Date Descending.
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1
Article 29 Working Party And The EDPS Advise That EU Should Preserve And Not Reduce ePrivacy Rules
The Article 29 Working Party and the European Data Protection Supervisor (EDPS) provided Opinions on the review of the amended ePrivacy Directive.
European Union
4 Oct 2016
2
EU-US Privacy Shield Becomes Operational With The GDPR On The Horizon
The new regime relies on a similar approach of self-certification and external verification against seven privacy principles.
Worldwide
 
27 Sep 2016
3
Age Discrimination - May be Justifiable on Grounds of Cost Alone
In "Woodcock v Cumbria Primary Care" the EAT considered the case of a claimant who had been given notice of redundancy prior to a scheduled formal consultation meeting.
UK
22 Dec 2010
4
Redundancy – Pools
In "Fulcrum Pharma v Bonassera and HR Advantage" the EAT considered when it might be appropriate to include a subordinate employee in the 'pool' for selection for redundancy and whether employees should be consulted over who should go in the 'pool' in the first place.
UK
22 Dec 2010
5
Employer's Liability - Employer Liable for Employee's Theft
In the recent case of "Brink's Global Services v Igrox" the Court of Appeal considered the question of when an employer may have to pay for its employee's crimes.
UK
22 Dec 2010
6
Redundancy - Consultation
In the recent case of "USA v Nolan" the Court of Appeal has asked the European Court of Justice (ECJ) to clarify the terms of the EU Directive that requires employers to consult with the workforce 'in good time' when contemplating collective redundancies.
UK
22 Dec 2010
7
TUPE - Duty to Inform and Consult
In the case of Todd v Care Concern the EAT has given guidance to the parties to any TUPE transfer as to the extent of their statutory duty to inform and consult with affected employees.
UK
16 Nov 2010
8
Migration Advisory Committee to Release Report
In November 2008 the UK Border Agency (UKBA) completed its overhaul of the UK's business immigration schemes by replacing over 80 routes of entry with a five tier Points-Based System.
UK
15 Nov 2010
9
Discriminatory Reference - Both Giver and Recipient of Reference Liable
In "Bullimore v Pothecery Witham Weld", the EAT considered the case of a reference given by an ex-employer which unnecessarily mentioned the fact that the claimant had brought a sex discrimination claim against them.
UK
15 Nov 2010
10
Effective Date of Termination - Supreme Court Guidance on Summary Dismissal
Under the Employment Rights Act, any claim for unfair dismissal must normally be made within three months after the 'effective date of termination'.
UK
15 Nov 2010
11
TUPE - Transferor Need Not be Employer
In its judgment in "Albron Catering v FNV Bondgenoten" the European Court of Justice appears to have widened the scope of the Directive which forms the basis of the UK TUPE Regulations.
UK
15 Nov 2010
12
Unfair Dismissal - Fair Dismissal May Still be Breach of Contract
In the recent case of "Weston Recovery Services v Fisher the EAT" reminded us that many dismissals are unfair even where the employer is contractually entitled to dismiss. Conversely, some dismissals are not unfair even though the dismissal was in breach of contract.
UK
15 Nov 2010
13
Age Regulations - Redundancy 'Cap' Was Legal
In "Kraft Foods UK Ltd v Hastie" the EAT confirmed, not for the first time, that the Employment Equality (Age) Regulations cannot be used to challenge differential payments awarded to employees of different ages or length of service when implementing a redundancy exercise.
UK
30 Sep 2010
14
TUPE/Collective Agreements – How Does a Collective Agreement Affect a TUPE Transfer?
In the recent case of "Worrall v Wilmott Dixon" the EAT considered whether rights granted under a collective agreement survived a TUPE transfer.
UK
30 Sep 2010
15
Jurisdiction: Can Expatriate Workers Make Tribunal Claims?
In "Ministry of Defence v Wallis" and another the EAT considered the rights of wives of service personnel who work for schools attached to overseas military bases, who were dismissed when their husbands' service came to an end.
UK
30 Sep 2010
16
Employee Status: Self-Employed Contractor was Neither ‘Employee’ nor ‘Worker’
In "Community Dental Centres v Sultan-Darmon" the EAT allowed an appeal from the employment tribunal and decided that a dentist was neither an 'employee' nor a 'worker' at the Centre where he provided dental services.
UK
30 Sep 2010
17
Discrimination – Remedies: Employer Ordered to Make Public Apology
In "St Andrew's Catholic Primary School v Blundell" the employment tribunal decided that the claimant had been victimised after she claimed sex discrimination and awarded her £291,496 compensation, including £22,000 for injury to feelings.
UK
30 Sep 2010
18
The Equality Act 2010: New Legislation (Labour & Employment - August 2010)
The Equality Act 2010 received Royal Assent on 8 April 2010. The Act brings disability, sex, race and other grounds of discrimination within one piece of legislation, and also makes changes to the law.
UK
18 Aug 2010
19
Breach of Contract: When Does a Discretionary Bonus Become a Contractual Right?
In "Anar and others v Dresdner Kleinwort Benson and another", the High Court recently considered whether employees should be allowed to bring a breach of contract claim where their employer had reduced the amount of their annual discretionary bonuses by 90%.
UK
20 Jul 2010
20
Termination of Contract of Employment: Effect of Conditional Resignation
It is sometimes unclear when a contract of employment has come to an end. In the recent case of "Heaven v Whitbread Group plc", the claimant wrote to his employer on 29 August: 'I tender my resignation... [but] this is dependent on two factors... [that I get] one month's money and a glowing reference'.
UK
20 Jul 2010
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