Recent Press Coverage

Playing by the rules
The Law Society Gazette (November 6 2008)

Member of the ELA working party on the Acas Draft Code, Anna Henderson, reviews the new code of practice on discipline and grievance and looks at what might need to be changed if it is to be effective.

Where you need to start if the pay packet stops
The Observer (October 19 2008)

Chair of ELA, Suzanne McKie, offers advice on the legal rights of individuals when it comes to redundancy. Suzanne comments that legal rights depend on how the redundancy is handled. If it is concluded by way of a compromise agreement, such an agreement precludes certain rights, specifically the individual’s right to bring a claim against their employer in a court or a tribunal.

Thumbs-up for mediation pilot
Gazette (September 4 2008)

Results of a survey carried out by ELA on a judicial mediation pilot are published. The Employment Tribunal Service pilot offered voluntary free judicial mediation in disability, sex and race discrimination cases. The survey revealed that the majority of the 123 ELA respondents who took part in the pilot considered the service should be made available in all regions.

Age law takes centre stage
City A.M. (September 3 2008)

Chair of the ELA legislative & policy committee, Richard Fox, is quoted in an article on age discrimination cases following the news that the television presenter Selina Scott filed a claim for age discrimination against Channel Five. Richard comments that recruitment can be a fraught area and employers should be careful about using language that could be construed to be about the candidate’s age.

Rogue employers targeted in government crackdown
Lexis Nexis (August 19 2008)

ELA member Stephen Levinson is quoted in an article on the Fair Employment Enforcement Board that is being set up to protect vulnerable workers against mistreatment. Stephen comments that he is concerned that not enough resources will be allocated to the Board and that in his opinion there is little point creating enforcement bodies if they are not financed sufficiently to support the work that is being done.

Satellite litigation
The Lawyer.com (August 4 2008)

ELA member Anna Henderson discusses the 2004 statutory dispute resolution procedures and their replacement in the form of the new Acas code of practice. Anna raises the question: will the Acas revised code and the non-statutory guide herald the arrival of a better system?

Employment law needs reality check
Gazette (July 10 2008)

Chair of ELA’s legislative & policy committee, Richard Fox, looks at what should replace the controversial Dispute Resolution Regulations following Whitehall’s announcement that they are to be reversed. Richard’s article points to the fact that employment lawyers value the attempts made by the government and Michael Gibbons to right what is wrong with the regulations that were introduced in 2004, but want to ensure that the remedial process does not swap one set of problems with another.

Out of the frying pan into the fire?
Human Resources (August 1 2008)

Chair of ELA’s legislative & policy committee, Richard Fox, discusses the controversy surrounding the attempt to reverse the 2002 Dispute Resolution Regulations which created a formal procedure for how all dismissals should be carried out.

Suzanne McKie appointed as ELA Chair
The Lawyer (June 9 2008)

It is reported that Suzanne McKie of Devereux Chambers is appointed as chair of ELA.

Retirement on grounds of age
Financial Times (June 7 2008)

Richard Linskell responds to a reader’s question. The reader, a managing partner of a medium-sized finance house, asks if he is able to retire a partner at the age of 65 on the grounds that it would be necessary to help firm growth. Richard responds that the age discrimination legislation that was introduced in 2006 sets out a retirement procedure that employers should follow before making an employee retire, but he notes that this procedure does not apply to partnerships. Richard further comments that it is possible for a firm to ask a partner to retire assuming that they can prove that it is an appropriate means to achieving a legitimate aim for the good of the firm.

Pregnant Women are ‘discriminated’ in the workplace
Kiddicare.com (8 May 2008)

ELA Secretary Richard Linskell comments on discrimination against pregnant women in the workplace in response to research by Employment Law Advisory Services which found that most bosses would not hire a woman if she was likely to fall pregnant in the near future.

How private a matter is employee’s illness?
Financial Times (March 8 2008)

ELA member Alex Lock responds to a reader’s question. The reader is the managing director of a medium-sized business who has recruited a member of staff with a history of suffering from severe depression. He would like to know how far it is legally permissible to try to find out information on the employees illness so that he can make appropriate provisions. In response, Alex comments that most employment disputes arise out of a failure by employers and employees to discuss properly expectations and problems that arise at work. As his employer, the managing director is in his rights to ask direct questions but that ultimately the detail of the employee’s condition is private. If the employee is regarded as a disabled person then his employer has an obligation to make reasonable adjustments.