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Date | Title | Author | Abstract |
|---|---|---|---|---|
| 1 May 2004 | The "Without Prejudice" Dismissal | Nick Ralph, Archon Solicitors | It is becoming an increasingly popular practice for employers to cut through the niceties of performance or disciplinary procedures by presenting the employee with a draft compromise agreement and a c... | |
| 1 May 2004 | The Dispute Resolution Regulations 05/04 | David Lipworth, Baker & McKenzie | Following a consultation exercise in autumn 2003 (see ELA Briefing, December 2003), the government published the final draft of the Employment Act 2002 (Dispute Resolution) Regulations 2004 i... | |
| 1 May 2004 | Canada Life - a Holiday Pay Time Bomb? | Jane Moorman and Emma Slark, Masons | Holiday pay is becoming the new TUPE in terms of the difficulty it is posing to employers and the frequency with which this subject is addressed by tribunals. The Employment Appeal Tribunal recently h... | |
| 1 May 2004 | Agency temp or Employee: Brook Street v Dacas | Richard O'Dair, 36 Bedford Row | Employment protection rights such as the right not to be unfairly dismissed conferred by S.94 of the Employment Rights Act 1996 are sometimes seen as a significant burden to employers and a reason not... | |
| 1 May 2004 | Strike out for unreasonable conduct | Peter Linstead, Clarendon Chambers | In Bolch v Chipman [2004] IRLR 140, the EAT considered the power given to tribunals by 15(2)(d) of the 2001 Rules to strike out where the manner in which proceedings have been conducted is "u... | |
| 1 Jul 2004 | Platform 07/04 | John Hendy QC, chair ELBA, Old Square Chambers | A firm goes bust and 2,500 workers learn over breakfast radio that they are redundant. The liquidator finds insufficient assets to pay outstanding wages, holiday pay, wages in lieu of notice, money to... | |
| 1 Jul 2004 | In Brief - Directive not Working | Stephen Levinson, Manches LLP | The disastrous effect of the ECJ's decisions in SIMAP [2001] ICR 1116 and Landeshaupstadt Kiel v Jaeger ECJ, 9.9.03 (C-152/02) on the working time regimes in many member states is we... | |
| 1 Jul 2004 | In Brief - Puffing Away | Stephen Levinson, Manches LLP | Banning smoking in the workplace is in the news again. At the end of May the papers reported that a proposal for a new law would appear in the next Labour party manifesto. On 6 June the prime minister... | |
| 1 Jul 2004 | In Brief - Costs in Tribunals | Stephen Levinson, Manches LLP | In Alastair McPherson v BNP Paribas [2004] EWCA Civ 569, the Court of Appeal varied a costs order which had been made by a tribunal on the basis of unreasonable conduct. | |
| 1 Jul 2004 | The `Without Prejudice' Dismissal Revisited | Thomas Brown, Cloisters | In ELA Briefing, May 2004, Nick Ralph considered the `without prejudice' dismissal. A recent interlocutory decision of the EAT is based on principles which may go further to prevent employers... |