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Eversheds HR Group

Eversheds HR Group

    • Case law

    McPherson v BNP Paribas (London Branch), CA, 13 May 2004 EWCACiv 569z

    by Eversheds HR Group 22 Jun 2004
    by Eversheds HR Group 22 Jun 2004

    Unreasonable behaviour triggers costs award: McPherson claimed unfair constructive dismissal against BNP. Shortly before the hearing was due, he was...

    • Case law

    Staffordshire Sentinel Newspapers Limited v Potter, EAT, 18 March 2004

    by Eversheds HR Group 15 Jun 2004
    by Eversheds HR Group 15 Jun 2004

    Independent contractor or employee?: Potter started working for Sentinel in February 1999 as a home-delivery agent. The delivery agency agreement...

    • Case law

    Khan v Trident Safeguards Limited and others, Court of Appeal, 19 May 2004

    by Eversheds HR Group 15 Jun 2004
    by Eversheds HR Group 15 Jun 2004

    Bankruptcy does not prevent appeals being pursued: Khan was a security guard and brought claims of racial discrimination and victimisation against...

    • Case law

    Williams v Ferrosan Limited, EAT 5 March 2004

    by Eversheds HR Group 8 Jun 2004
    by Eversheds HR Group 8 Jun 2004

    Reviews reviewed: Williams brought successful claims of sex discrimination, and constructive and wrongful dismissal. At the subsequent remedies hearing, the...

    • Case law

    Rihal v Ealing London Borough Council, Court of Appeal, 21 May 2004

    by Eversheds HR Group 8 Jun 2004
    by Eversheds HR Group 8 Jun 2004

    Broad approach for discrimination: Rihal, a Sikh of Indian origin, was a senior surveyor with the council. During his employment,...

    • Case law

    Lane Group plc and another v Farmiloe, EAT, 24 November 2003

    by Eversheds HR Group 1 Jun 2004
    by Eversheds HR Group 1 Jun 2004

    Health and safety prevents dismissal being discriminatory: Farmiloe, a warehouseman, suffered from the skin disease psoriasis, which meant he was...

    • Case law
    • Police
    • Gender reassignment discrimination

    A v chief constable of West Yorkshire Police and another [2004] UKHL 21

    by Eversheds HR Group 25 May 2004
    by Eversheds HR Group 25 May 2004

    A question of identity: A, a male-to-female transsexual, applied to become a police constable, but was rejected in 1998 on...

    • Case law

    Johnson v Medical Defence Union, [2004] EWHC 347 (Ch)

    by Eversheds HR Group 25 May 2004
    by Eversheds HR Group 25 May 2004

    More clarity but no shortcuts with data protection: Johnson, an orthopaedic surgeon of some 20 years and of unblemished record,...

    • Case law

    Webley v Department for Work and Pensions, EAT/0033/04 unreported

    by Eversheds HR Group 18 May 2004
    by Eversheds HR Group 18 May 2004

    What constitutes less favourable treatment?: Webley commenced employment on a two-month fixed-term contract on 4 February 2002. She had a...

    • Case law

    Clarke v Frank Staddon Limited; Caulfield and Others v Marshalls Clay Products Limited Court of Appeal [2004] EWCA Civ 422

    by Eversheds HR Group 18 May 2004
    by Eversheds HR Group 18 May 2004

    Holiday pay doubts roll on: The employees in these conjoined appeals all worked shifts. Their holiday pay was incorporated in...

    • Case law

    BNP Paribas v Mezzotero, EAT, 30 March 2004

    by Eversheds HR Group 11 May 2004
    by Eversheds HR Group 11 May 2004

    ‘Without prejudice’ is without meaning: Shortly after returning to work from maternity leave, Mezzotero raised a grievance complaining, among other...

    • Case law

    Forbes v Salamis (Marine & Industrial) Ltd, EAT, 24 March 2004

    by Eversheds HR Group 11 May 2004
    by Eversheds HR Group 11 May 2004

    No acceptance of employer’s breach by receipt of sick pay: Walker was appointed as Forbes’ line manager, resulting in Forbes...

    • Case law

    Scott v Inland Revenue Commissioners, Court of Appeal, 2 April 2004

    by Eversheds HR Group 4 May 2004
    by Eversheds HR Group 4 May 2004

    Notification of policy change is essential: Having worked for the Inland Revenue since the age of 16, Scott was dismissed...

    • Case law

    Barber v Somerset County Council, House of Lords [2004] UKHL 13

    by Eversheds HR Group 27 Apr 2004
    by Eversheds HR Group 27 Apr 2004

    Stress review: In 1995, Barber, a teacher, was employed as a head of department in a school. Changes at the...

    • Case law

    Canada Life Ltd v Gray & another, EAT/657/03

    by Eversheds HR Group 27 Apr 2004
    by Eversheds HR Group 27 Apr 2004

    Backdated holidays: Farrar and Gray worked as self-employed consultants under contracts which did not provide for holiday pay. When their...

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