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Searching Content indexed under Employment Litigation/ Tribunals by Bird & Bird ordered by Published Date Descending.
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1
ECJ: Additional Holiday Pay For Workers Who Earn Commission?
The working time clock is ticking and employers must now consider whether to press the snooze button, or whether to wake up to the ECJ's alarm bell.
UK
7 Aug 2014
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
Overseas Nationals Working For International Sports Organisations Without Work Permits
In July, the law concerning work permits for overseas nationals changed. Workers delegated by international sports organisations to work in Poland will not have to obtain a work permit.
Poland
20 Sep 2010
13
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
14
Important Cases (Labour & Employment: Finland - August 2010)
Group of companies considered a single employer entity for redundancy process.
Finland
18 Aug 2010
15
Compromise Agreements: Court of Appeal Upholds Controversial Compromise Agreement
The Court of Appeal reversed the decision of the High Court in April last year in the well-publicised case of "Gibb v Maidstone & Tunbridge Wells NHS Trust", which had declared that a binding compromise agreement was void.
UK
20 Jul 2010
16
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
17
Case Update: Could Having Voluntarily Come Out at Work Affect a Claim Under the Sexual Orientation Regulations?
In considering whether a gay person has been subjected to unlawful discrimination, a Tribunal must take into account whether he or she had deliberately and voluntarily "come out" as gay.
UK
14 Jul 2010
18
Equality Act – Current Status
Following a period of uncertainty resulting from the recent change in Government, the Government's Equalities Office has recently announced that implementation of the Equality Act 2010 will indeed commence on 1 October 2010.
UK
14 Jul 2010
19
Case Update: How Should a Tribunal Approach the Concept of 'Mental Impairment' in DDA Cases?
J was offered a job by the respondent firm of solicitors (D) in June 2008, subject to completion of a medical questionnaire. In the questionnaire, she disclosed a history of depression dating back to 2005 and the offer was withdrawn.
UK
13 Jul 2010
20
Case Update: Should an Employer Positively Discriminate in Favour of a Pregnant Employee in a Potential Redundancy Situation?
B was an associate solicitor employed in the Real Estate department at Eversheds (E), a firm of solicitors. In 2008 it was decided that redundancies needed to be made in the Real Estate group.
UK
13 Jul 2010
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