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|1 Apr 2003||In Review - 04/03||Clare Primett, Le Brasseur Davis Law Group||ELA Briefing||This publication topic area describes itself as “a crucial part of human resources management”. Managing Dismissals features case scenarios, precedent letters and agreements and the latest le...|
|1 May 2003||The Territorial Jurisdiction of ERA 1996||Sam Whitaker is a senior associate at Freshfields Bruckhaus Deringer||ELA Briefing||The EAT’s decision in Lawson v Serco Ltd (EAT/0018/02) will be of considerable importance to UK employers with overseas employees. The decision confirms that such employees have the right to ...|
|1 Jun 2003||Agency Workers and Unfair Dismissal: an Update||John Antell, Godolphin Chambers||ELA Briefing||Whether there are any circumstances in which an agency worker can complain of unfair dismissal is a question that has been the subject of considerable debate. Two years ago the Court of Appeal in the ...|
|1 Jun 2003||More Problems with Johnson v Unisys||Richard Samuel, 2 Gray’s Inn Square Chambers||ELA Briefing||The implied term of trust and confidence was developing into a powerful provision in employment contracts, particularly when the Lords confirmed its existence and effect in Malik v BCCI  AC 20 H...|
|1 Jul 2003||In Brief - Non Economical Damages||Joanne Owers is a partner at Charles Russell||ELA Briefing||Good news for employers – the EAT has handed down its judgment in Dunnachie v Kingston-upon-Hull City Council and other appeals  All ER (D) 320 (May), which has closed the door (for the...|
|1 Jul 2003||In Brief - Rutherford Rumbles On...||Joanne Owers is a partner at Charles Russell||ELA Briefing||The EAT appeal before Mr Justice Wall was heard on 22 and 23 May. The Secretary of State for Trade & Industry, represented by David Pannick QC, was seeking to overturn the unanimous decision of the tr...|
|1 Jul 2003||Protecting Overseas Employees||Henry Clinton-Davis, head of the employment & HR team and Cerys Williams, associate, at Hale and Dorr, London||ELA Briefing||In Lawson v Serco Ltd (EAT/0018/02) (ELA Briefing, May 2003), the EAT held that employment tribunals have jurisdiction to hear unfair dismissal claims from employees based overseas, ...|
|1 Aug 2003||Platform 08/03||Jonathan Brain is a partner at Mills Kemp & Brown Solicitors||ELA Briefing||
On 25 October 1999 the statutory cap upon the compensatory award for unfair dismissal prescribed by s.124(1) of the Employment Rights Act 1996 was raised from £12,000 to £50,000. This increase was ...
|1 Aug 2003||Damages for Non-economic Loss||Charlotte Davies, McDermott Will & Emery||ELA Briefing||Is an employment tribunal entitled to award damages for non-economic loss in an unfair dismissal claim? This question has been answered by Dunnachie v Kingston upon Hull City Council joined w...|
|1 Sep 2003||EAT Restricts the Right to Recover Damages||James Cox and Kelly Cole are solicitors at Ashurst Morris Crisp, which acted for Virgin Net||ELA Briefing||The EAT in Virgin Net Ltd v Harper EAT/0111/02 held that an employee cannot recover damages representing the loss of statutory unfair dismissal rights at common law where the breach of contra...|