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Jurisdiction

 
 

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Found 30 Items
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Locked Down Date Title Author Type Abstract
locked page 1 Mar 2003 In Brief - Issue Estoppel Revisited Melanie Russell, Olswang ELA Briefing

It has already been widely reported that the Court of Appeal judgment in the case of McCabe v Cornwall County Council & ors [2002] EWCA Civ 1887 considered the cases of Johnson v Unisy...
locked page 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 ...
locked page 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 [1998] AC 20 H...
locked page 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, ...
locked page 1 Aug 2003 In Brief - Territorial Scope Barry Clarke and Clive Howard, Russell Jones & Walker ELA Briefing The last two issues of ELA Briefing have contained articles on the territorial scope of the Employment Rights Act 1996, referring to the recent conflicting decisions of the EAT in Lawson ...
locked page 1 Sep 2003 Restrictive Covenants and the Employee Abroad Christopher Walter and Harris Bor, Covington & Burling ELA Briefing In many industry sectors employees are expected to take responsibility for promoting business interests that have international reach. Employees will often travel extensively and/or re-locate in order...
locked page 1 Dec 2003 Jurisdiction of Tribunals to Determine Benefits Joanne Keddie, partner, and Kirsten Sparrow, solicitor, Dawsons ELA Briefing

Do employment tribunals have the jurisdiction to decide whether an employee is entitled to benefits such as statutory sick pay? This question has been answered in the Employment Appeal Tribunal cas...
locked page 1 Mar 2004 Bullying at Work: Employment Law or Tort? Brian Langstaff QC, Cloisters ELA Briefing

Tort concepts can increasingly be argued in employment law claims, and vice versa. This is best illustrated where an individual claims to have suffered psychiatric injury as the result of harassmen...
locked page 1 Mar 2004 Pill of sanity – Lawson v Serco Blair Adams, Olswang Conclusions Christine Jenner, Macfarlanes ELA Briefing For employment lawyers, questions of jurisdiction often amount to no more than considering in which employment tribunal the claim will be brought. However, after the repeal of s.196 of the Employment ...
locked page 1 Jul 2004 Grady and Beyond: Hybrid Actions David Preston, Hardwicke Building; Sara Morgan and Amanda Brown, Brooke North ELA Briefing Under s.306 of the Insolvency Act 1986 the estate of a bankrupt vests in his trustee in bankruptcy immediately the latter is appointed. S.283 of the Act defines the bankrupt's estate as including "all...