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Author: Arpita Dutt, Solicitor for Ms Baskerville, Russell Jones & Walker
Resource type: ELA Briefing
Employment practitioners who have no involvement with police cases, may note their significance in terms of making law – one need only think of Vento v The Chief Constable of West Yorkshire Police [2003] IRLR 102 on the assessment of compensation and Hendricks v Commissioner of Police of the Metropolis [2003] IRLR 86 on jurisdictional issues.
Author: Paul Troop, Tooks Court Chambers
Resource type: ELA Briefing
Mr Rutherford and Mr Bentley were employees dismissed after their 65th birthdays who claimed unfair dismissal and redundancy respectively. In neither case was there a normal retirement age for the purposes of the Employment Rights Act 1996 (ERA 1996), so the default retirement age of 65 applied in both cases.
Author: Alex Denny, Nabarro Nathanson
Resource type: ELA Briefing
Two recent appeal decisions – Pratley v Surrey County Council [2003] EWCA Civ 1067 (25 July 2003) and Marshall Specialist Vehicles Ltd v Osborne EAT (30 April 2003) – have highlighted the difficulties that face employees who bring stress-related claims against their employer and the importance of the Court of Appeal’s decision in Sutherland v Hatton [2002] IRLR
Author: Pauline Hughes, head of legal service, Disability Rights Commission
Resource type: ELA Briefing
There have been a number of interesting disability cases reported during the past year and the overall trend appears to be an increased reliance upon medical evidence. This is regrettable, since the definition itself is a hybrid of the medical model of disability, which treats disability as a medical problem and focuses on treatment, and the social model of disability, which treats disability as a political and social issue. Pauline Hughes reports
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
A final set of statistics for the month… Although costs orders remain the exception rather than the rule in employment tribunals, they are slowly becoming a more frequent sanction for vexatious, abusive, disruptive or (most frequently) unreasonable conduct in bringing or conducting proceedings. The Employment Tribunals Service Annual Report for 2002/2003 shows that costs orders were made in a total of 998 cases for that year, which compares with a total of 636 for the previous year.
Author: Christopher Walter and Harris Bor, Covington & Burling
Resource type: 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 to do so and employers frequently fail to think through the implications of these international arrangements.
Author: Henry Clinton-Davis, head of the employment and HR team at Hale & Dorr, solicitors
Resource type: ELA Briefing
For a number of years UK employers have been facing conflicting court decisions as to whether it is lawful for them to roll up holiday pay into their workers’ pay packets, rather than paying holiday pay at the time the workers actually take their vacation
Author: Stephen Levinson, partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
It was clear from the most recent meeting of the EAT users group that the President is continuing to look for ways to improve the performance of the appeal tribunal. Since the rules on preparing documents were changed there have been a number of cases where inadequate bundles have been delivered by represented parties and, what is more, delivered very late in the day.
Author: Pauline Hughes, head of legal services, Disability Rights Commission
Resource type: ELA Briefing
The government is in the process of implementing Directive 2000/78/EC of 27 November 2000, which will establish a general framework for equal treatment in employment and occupation. The Disability Discrimination Act (Amendment) Regulations 2003 and additional regulations on occupational pensions are intended to incorporate the above into domestic law.
Author: Stephen Levinson, partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
On 29 August the DTI published its concise guidance on teleworkers. One week later the Disability Rights Commission launched its draft code of practice on Employment and Occupation Issues, which rightly describes itself as “fairly comprehensive and detailed”.
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