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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: Brendan Barber, General Secretary, Trades Union Congress
Resource type: Lecture Notes
Author: Gordon Wignall is a barrister at 36 Bedford Row and a part-time tribunal chairman
Resource type: ELA Briefing
The Court of Appeal continues to describe awards of costs as "exceptional", but to what extent should this be the case - in particular, where there is doubt about whether the proceedings are misconceived? Gordon Wignall considers some of the practical consequences of the costs rules, which are set out in the 2004 Employment Tribunal Rules of Procedure
Author: Lesley J Howe, partner, Mall & Co; Stephen Brodie, partner, Brabners Chaffe Street
Resource type: ELA Briefing
Guidelines on Compensation for Loss of Pension Rights were issued last year, replacing the 1991 guidelines that many observers considered to be out of date. Lesley Howe and Stephen Brodie report
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
No one likes the new proposals published by the European Commission on 22 September. The government will lobby against them in Brussels. The CBI says let workers work as long as they want. Amicus denounced them as a "confusing mess", and to the TUC's general secretary they are "a disappointing decision which will satisfy nobody".
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
Read Sinclair Roche & Temperley v Heard [2004] IRLR 764 to learn how not to organise a hearing. The tribunal had required counsel to produce closing submissions in writing over the Easter holiday weekend, exchange them at mid-day on the next working day and make closing submissions one and a half-hours later. Nineteen witnesses gave evidence over 12 days.
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
The Act comes into force on 1 January 2005. It will require all "public authorities" to disclose information requested by members of the public. Certain information is exempt from disclosure. This includes all personal information if the applicant is the data subject.
Author: Marc Jones, partner and Neesha Patel, associate, Turbervilles
Resource type: ELA Briefing
On 1 October 2004 the new rules relating to compulsory disciplinary, dismissal and grievance procedures came into force. Marc Jones and Neesha Patel consider the anomalies about when the statutory grievance procedures do (and do not) apply, time limits for presenting tribunal claims, and how those time limits have been affected by the new procedures
Author: John Porter, Beachcroft Wansbroughs
Resource type: ELA Briefing
The European Commission has proposed a substantial revision of Directive 2003/88 EC. Pressure for change has been growing within the European Parliament and among member state governments and business groups as a result of recent European Court of Justice decisions on its application. John Porter reports
Author: Sejal Raja, partner, Radcliffes Le Brasseur
Resource type: ELA Briefing
The Employment Act 2002 (Dispute Resolution) Regulations 2004 introduce statutory dismissal and disciplinary procedures (DDP) that are binding on employers and employees. Sejal Raja considers how the regulations, and in particular the standard DDP, will affect a redundancy process
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