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Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
An improper yet delicious enjoyment can be gained from reading about one regulator struggling in a slough of despond created by another in Michael John Durant v Financial Services Authority [2003] EWCA Civ 1746. The case deals with the issues arising when a data subject access request is made; in particular, what constitutes “personal data” and a “relevant filing system”.
Author: Michael Duggan of Littleton Chambers was counsel for Mr Wall
Resource type: ELA Briefing
S.109(1) of the ERA provides that the unfair dismissal provisions will not apply to the dismissal of an employee who has reached the normal retirement age for the position of that employee (taking into account status, nature of the work and terms and conditions of employment) or, in default of a normal retirement age, 65.
Author: Nicholas De Marco, Blackstone Chambers
Resource type: ELA Briefing
In December last year the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003 came into force (see ELA Briefing, December 2003). The regulations are similar to existing discrimination law in some respects, but there are important areas of difference, such as the separate treatment of harassment, and the “genuine occupational requirement” allowing direct discrimination to be justified in certain circumstances
Author: Naomi Feinstein, partner, and Adam Turner, professional support lawyer, Lovells
Resource type: ELA Briefing
Requests for advice on dealing with flexible working requests have been an increasing part of an employment lawyer’s postbag since the introduction last April of a statutory right to request flexible working. In September 2003 Lovells and the Chartered Institute of Personnel and Development conducted a survey to assess the impact of the new right, which attracted responses from 510 organisations of all sizes and across a range of industry sectors.
Author: David Lipworth, Baker & McKenzie and Natasha Childs, Trowers & Hamlins
Resource type: ELA Briefing
New regulations are being made under clauses 31–33 of the Employment Act 2002. They make provision for the application of the statutory dispute resolution procedures set out in schedule 2 to the Act and, in certain circumstances, extend the statutory time limit for the bringing of claims to which the statutory procedures apply.
Author: Joanne Keddie, partner, and Kirsten Sparrow, solicitor, Dawsons
Resource type: 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 case of Taylor Gordon & Company Ltd v Stuart Timmons EAT 0159/03. Joanne Keddie and Kirsten Sparrow report
Author: Joy Hankins, Laytons
Resource type: ELA Briefing
The “Religion or Belief and the Workplace” and “Sexual Orientation and the Workplace” guidelines, which have been published by ACAS, give employers helpful and clear insight into how the new regulations may work. As the Times journalist Edward Fennell commented: “Implementing the new antidiscrimination laws takes employers into a ‘new moral maze’ – one which is likely to become a hive of activity for lawyers.”
Author: David Fox is a lawyer in the Treasury Solicitor’s Department who acted for the Ministry of Defence
Resource type: ELA Briefing
Breastfeeding mothers are protected against discrimination only until the end of their maternity leave or in circumstances where health and safety issues arise, according to the EAT in a reserved judgment in Ministry of Defence v Williams, which was delivered on 8 October 2003. David Fox reports
Author: Joanne Dunlop and John Bowers QC, Littleton Chambers
Resource type: ELA Briefing
The publication on 2 July of the Department of Trade & Industry’s consultation paper, Equality and Diversity – Age Matters, which outlined proposals for age discrimination legislation, has provoked considerable debate. This article examines the headline-grabbing proposals on retirement ages, but also outlines their practical implications in other areas.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
More than a year ago, the government launched the consultation document ‘Equality and Diversity: Making it Happen’, which asked what form the statutory equality institutions should take, in view of the increased range of discrimination laws. It has decided that there should be a single body but that its remit will include “the promotion of respect for human rights” as well as discrimination.
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