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Author: Peter Schofield, EEF
Resource type: ELA Briefing
The Court of Appeal has upheld the award of contractual damages, representing what a fair and rational employer would have paid, where an employer fails to make a discretionary payment to an employee.
Author: Christopher Camp, Hardwicke Building
Resource type: ELA Briefing
No one likes discrimination. Many of us would rather be known as, say, a fraudster than a racist. Yet in practice as employment lawyers, we operate as if accusing someone of discrimination is of no import; as if an accusation of discrimination is to be taken with a pinch of salt.
Author: Rebecca Ford, Olswang
Resource type: ELA Briefing
Employers should now have in place new or amended policies that take account of the statutory dismissal, disciplinary (DDP) and grievance (GP) procedures which came into force on 1 October 2004. They should also have informed their employees of these, or risk the imposition of a penalty by a tribunal of either two or four weeks' pay for each relevant employee (although only if the employee wins another type of tribunal claim - it is not a free-standing right).
Author: Daniel Naftalin, Mishcon de Reya
Resource type: ELA Briefing
The case of Horkulak v Cantor Fitzgerald International has already received much public exposure with lurid headlines about alleged drug and alcohol use, death threats and lap-dancing. One issue in Newman J's judgment that was largely overlooked, however, was his analysis of how an employer should exercise discretion on bonuses and how compensation should be calculated.
Author: Mohinderpal Sethi, barrister, No.1 Serjeants' Inn appeared pro bono as junior counsel for Miss Heath, instructed by Marc Jones of Turbervilles
Resource type: ELA Briefing
In Heath v Commissioner of Police for the Metropolis, the Court of Appeal has held that the rule of absolute judicial immunity from suit applies to employment tribunal claims of unlawful discriminatory conduct in the course of an internal police disciplinary hearing. Mohinderpal Sethi reports
Author: Marc Jones, partner, Turbervilles
Resource type: ELA Briefing
Viewing pornographic material in the workplace will usually result in disciplinary proceedings, but could such conduct in itself give rise to a separate complaint of unlawful sex discrimination? This question has been answered in Moonsar v Fiveways Express Transport Ltd. Marc Jones reports
Author: Trevor Gibson, associate, Wragge & Co
Resource type: ELA Briefing
It seems that everyone from Dave Ward of the Communications Workers' Union to CBI chief Digby Jones agrees that absenteeism has to be tackled. Yet recent surveys show that it is still one of the major problems facing human resources professionals in businesses across the UK. If everyone is agreed on the need to tackle it, what's the problem? Trevor Gibson reports
Author: Paul Daniels, partner, Russell Jones & Walker
Resource type: ELA Briefing
Advising on the treatment of a disabled employee on sickness absence is an important but vexed process for employment lawyers. The interplay between the statutory provisions in the Disability Discrimination Act 1995 and case law is complex; indeed, this subject could warrant quite a meaty book on its own. Paul Daniels gives some practical pointers on how to approach this thorny area
Author: Neil Russell, partner, BD Laddie; Adam Davis, barrister,2 Dyers Buildings
Resource type: ELA Briefing
The Proceeds of Crime Act 2002, which came into force on 24 February 2003, and the Money Laundering Regulations 2003 should be required reading for all employment lawyers. The legislation effectively asked lawyers to become unpaid government informants and, in turn, prosecuting authorities.
Author: Peter Schofield, EEF
Resource type: ELA Briefing
According to the Department of Trade and Industry in the leaflet sent to employers (which it took them two goes to get right), the Dispute Resolution procedures are as simple as one, two, three
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