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Author: Peter Schofield, EEF
Resource type: ELA Briefing
Public sector workers are increasingly resorting to industrial action in support of grievances against their employers and government policy generally. Civil servants from five government departments are due to take part in the biggest strike in the public sector for more than a decade and local government and Tube workers in London are being balloted for industrial action. Peter Schofield reports
Topics: Trade unions
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The Court of Appeal’s decision in Stansbury v Datapulse plc (2003) EWCA Civ 1951 provides welcome clarification of the requirements for a fair hearing in the employment tribunal. By a unanimous decision of the tribunal, Mr Stansbury lost his claim for unfair dismissal. He appealed, claiming a lay member of the tribunal had been asleep and in a drunken state.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The recovery of costs is becoming a more widespread issue in employment tribunals – and the EAT’s decision in Health Development Agency v Parish EAT 0543/03 doesn’t help matters. The EAT indicated that costs incurred before the commencement of proceedings cannot be recovered, even where there has been unreasonable conduct of the proceedings. Therefore, all steps taken before the filing of a notice of application or notice of appearance are irrelevant.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The government has published the results of the consultation exercise on the draft regulations under the Employment Act 2002 in a 40-page document. The consultation was aimed at clarifying the regulations and resolving any ambiguities. But on reading the document, the position has become no simpler.
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
When the new prescribed forms for tribunals were discussed in the House of Lords, Lord McIntosh of Haringey confirmed that their use would not be compulsory (Hansard, Col.CWH156, 18 March 2002). The new rules say that a failure to use the prescribed form by an applicant will lead to the tribunal rejecting the claim and that if a respondent should have the temerity not to use the prescribed form it could lead to a “default judgment”.
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: Paul Callaghan, solicitor, and Harriett Gold, trainee solicitor, Taylor Wessing
Resource type: ELA Briefing
It was widely reported in the press last July that Steven Horkulak, a former managing director at Cantor Fitzgerald, won his long-running case for constructive dismissal on the ground of bullying by Lee Amaitis, the president of Cantor Fitzgerald International. Horkulak was awarded damages of almost £1 million, plus costs and interest. Paul Callaghan and Harriet Gold report
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
The proposed rules on conciliation are dire. Lord Wedderburn called them “the product of a tiny but inexperienced mind”. If government ministers are to be believed this criticism must also be directed at ACAS because the new rules are said to have its backing.
Topics: ADR
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”.
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