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Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
The impenetrability of the law can also act to dampen down a willingness to make a claim. In Levy McCallum Ltd v Middleton (EAT/0020/05), the EAT in Edinburgh considered a tribunal decision that an employee who had been faced with redundancy, who then offered to work on a self-employed basis, was in fact an employee.
Topics:
Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
As well as a willingness to consider costs, the increasing formality of tribunals may also be a deterrent to making a claim. Hot off the EAT press comes Criddle v Epcot Leisure (EAT/0275/ 05) in which the transitional provisions under the new rules were examined. Mr Criddle was considered to have acted unreasonably in failing to comply with directions and was ordered to pay costs.
Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
The Employment Tribunal Service released figures in July revealing a 25 per cent reduction in the number of claims made to tribunals. (See, also, John McMullen’s article on page 116 of the Briefing). One reason for the sharp fall may be found in a recent survey of the Acas national telephone helpline service. The volume of calls in 2004/2005 rose to nearly 900,000, up from 795,000 in the previous year.
Author: Richard Linskell, Dawsons
Resource type: ELA Briefing
Author: Adrian Martin, Burges Salmon LLP
Resource type: ELA Briefing
It is well established that a partnership does not constitute a separate legal entity and that employees of a partnership are employed jointly by all the partners. But what is the position when a partnership dissolves? Adrian Martin considers the issues
Topics: TUPE
Author: Anna Thomas, Devereux Chambers
Resource type: ELA Briefing
The Employment Equality (Sex Discrimination) Regulations 2005 are due to come into force on 1 October this year. Made under s.2(2) of the European Communities Act 1972, the regulations have been drafted to implement the amended Equal Treatment Directive 2002/ 73. Anna Thomas considers the impact of the key changes and notes some significant differences between the wording of the directive and the current draft of degulations .
Author: David Cubitt, Osborne Clarke
Resource type: ELA Briefing
Since 1 July 2005, senior managers of listed companies below main board level became subject to increased restrictions under the revised listing regime. Any such persons discharging managerial responsibility will now be subject to the revised model code and continuing obligations under the new disclosure rules.
Author: David Cubitt, Osborne Clarke
Resource type: ELA Briefing
The Department for Work and Pensions is consulting until 26 August on two sets of draft regulations covering employers’ forthcoming duties to consult scheme members before making prescribed changes to occupational or personal pension schemes. As the regulatory impact assessment (RIA) acknowledges, many employers already consult on these matters to help retain good industrial relations and to head off mass constructive dismissal claims.
Author: David Cubitt, Osborne Clarke
Resource type: ELA Briefing
The recently announced delay to the implementation timetable for the new TUPE regulations is due to the high volume of responses to the Department of Trade and Industry consultation exercise. It is worrying that revised regulations will be laid before Parliament later this year (to come into force on 6 April 2006) without any further public consultation. The responses must have been predominantly on drafting flaws given the very limited scope for comments on policy.
Topics: TUPE
Author: Paul Goulding QC, Blackstone Chambers
Resource type: ELA Briefing
The seventh annual conference of the European Employment Lawyers Association (EELA) took place in Athens in May 2005. As ever, it was a mixture of socialising, networking and discussing European employment law developments – but in a stunning location. Paul Goulding reports
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