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The cases of Ladele and McFarlane v United Kingdom and Eweida
and Chaplin v United Kingdom are due to be heard by the European
Court of Human Rights in September. The two cases deal with
claims made under the Employment Equality 2003 and focus
on whether Article 9 of the European Convention on Human Rights was
breached when Ms Ladele and Mr McFarlane were disciplined for
refusing to carry out civil partnership ceremonies and respectively
provide psycho-sexual counselling to same-sex couple and Ms Eweida
was prevented from wearing a visible cross or crucifix at work.
Terminating employment with a PILON
The Supreme Court is due to hear an employee's appeal
against the Court of Appeal's decision that his employment
terminated on the date that the payment in lieu of notice monies
were paid into his bank account, even though he was not aware of
the payment (Societe Generale, London Branch v Geys).
Compromise agreements
The former editor of the News of the World has been given
permission to appeal against a High Court ruling that an indemnity
in his compromise agreement did not make News International liable
to pay his legal fees in relation to the phone-hacking
scandal. The Court held that the words "any
administrative, regulatory, judicial or quasi-judicial
proceedings" in an indemnity provided by an employer to a
former employee in a compromise agreement did not cover
investigations by the police into alleged criminal behaviour by the
employee (Coulson v Newsgroup Newspapers Ltd).
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The High Court and, most recently, Court of Appeal decisions in the "banker bonus" litigation stemming out of the Commerzbank/Dresdner merger in 2008 have received extensive media coverage.
In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick [2012] EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
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