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Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The recovery of costs is becoming a more widespread issue in employment tribunals – and the EAT’s decision in Health Development Agency v Parish EAT 0543/03 doesn’t help matters. The EAT indicated that costs incurred before the commencement of proceedings cannot be recovered, even where there has been unreasonable conduct of the proceedings. Therefore, all steps taken before the filing of a notice of application or notice of appearance are irrelevant.
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
When the new prescribed forms for tribunals were discussed in the House of Lords, Lord McIntosh of Haringey confirmed that their use would not be compulsory (Hansard, Col.CWH156, 18 March 2002). The new rules say that a failure to use the prescribed form by an applicant will lead to the tribunal rejecting the claim and that if a respondent should have the temerity not to use the prescribed form it could lead to a “default judgment”.
Author: Michael Duggan of Littleton Chambers was counsel for Mr Wall
Resource type: ELA Briefing
S.109(1) of the ERA provides that the unfair dismissal provisions will not apply to the dismissal of an employee who has reached the normal retirement age for the position of that employee (taking into account status, nature of the work and terms and conditions of employment) or, in default of a normal retirement age, 65.
Author: Nicholas De Marco, Blackstone Chambers
Resource type: ELA Briefing
In December last year the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003 came into force (see ELA Briefing, December 2003). The regulations are similar to existing discrimination law in some respects, but there are important areas of difference, such as the separate treatment of harassment, and the “genuine occupational requirement” allowing direct discrimination to be justified in certain circumstances
Author: Paul Callaghan, solicitor, and Harriett Gold, trainee solicitor, Taylor Wessing
Resource type: ELA Briefing
It was widely reported in the press last July that Steven Horkulak, a former managing director at Cantor Fitzgerald, won his long-running case for constructive dismissal on the ground of bullying by Lee Amaitis, the president of Cantor Fitzgerald International. Horkulak was awarded damages of almost £1 million, plus costs and interest. Paul Callaghan and Harriet Gold report
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
The proposed rules on conciliation are dire. Lord Wedderburn called them “the product of a tiny but inexperienced mind”. If government ministers are to be believed this criticism must also be directed at ACAS because the new rules are said to have its backing.
Topics: ADR
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
An improper yet delicious enjoyment can be gained from reading about one regulator struggling in a slough of despond created by another in Michael John Durant v Financial Services Authority [2003] EWCA Civ 1746. The case deals with the issues arising when a data subject access request is made; in particular, what constitutes “personal data” and a “relevant filing system”.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
I am writing this having just been quoted in the Daily Telegraphdescribing the draft dispute resolution regulations as “a dog’s dinner”. The Department of Trade & Industry consulted fully before launching its consultation paper on the draft, but I don’t think that my comment was too wide of the mark. Consider some of these potential outcomes of the draft regulations. An employee does not attend a meeting called by his employer under the procedure.
Author: Naomi Feinstein, partner, and Adam Turner, professional support lawyer, Lovells
Resource type: ELA Briefing
Requests for advice on dealing with flexible working requests have been an increasing part of an employment lawyer’s postbag since the introduction last April of a statutory right to request flexible working. In September 2003 Lovells and the Chartered Institute of Personnel and Development conducted a survey to assess the impact of the new right, which attracted responses from 510 organisations of all sizes and across a range of industry sectors.
Author: David Lipworth, Baker & McKenzie and Natasha Childs, Trowers & Hamlins
Resource type: ELA Briefing
New regulations are being made under clauses 31–33 of the Employment Act 2002. They make provision for the application of the statutory dispute resolution procedures set out in schedule 2 to the Act and, in certain circumstances, extend the statutory time limit for the bringing of claims to which the statutory procedures apply.
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