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Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
Good news for employers – the EAT has handed down its judgment in Dunnachie v Kingston-upon-Hull City Council and other appeals [2003] All ER (D) 320 (May), which has closed the door (for the time being) on the possibility of awards for non-economic loss in claims for unfair dismissal in tribunals.
Author: John Evans
Resource type: ELA Briefing
ELA international committee members Belinda Avery, John Evans, Stephen Levinson and Fraser Younson visited the European Commission for a day in early May. In the morning they met members of the employment directorate with responsibility for various draft directives and initiatives.
Author: Henry Clinton-Davis, head of the employment & HR team and Cerys Williams, associate, at Hale and Dorr, London
Resource type: ELA Briefing
In Lawson v Serco Ltd (EAT/0018/02) (ELA Briefing, May 2003), the EAT held that employment tribunals have jurisdiction to hear unfair dismissal claims from employees based overseas, simply on the grounds that the employer carries on business in the UK
Author: Melanie Russell is head of litigation professional support at Olswang
Resource type: ELA Briefing
Faced with legal action to enforce a restrictive covenant against them, employees may consider an argument that the covenants were obtained from them under duress or undue influence, relying, for example, on the fact that they did not receive independent legal advice on the terms of the covenants prior to signing up to them.
Author: David Lipworth (associate) and Hilary Wilde (professional support lawyer), Baker & McKenzie
Resource type: ELA Briefing
Ms Shamoon was a chief inspector with the Royal Ulster Constabulary assigned to the traffic branch. Her superior officer, Superintendent Laird, was in charge of that division. Under the RUC’s staff appraisal scheme, police constables were interviewed by a designated senior officer in a counselling capacity.
Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
The EAT appeal before Mr Justice Wall was heard on 22 and 23 May. The Secretary of State for Trade & Industry, represented by David Pannick QC, was seeking to overturn the unanimous decision of the tribunal in Stratford of 22 August 2002, which ruled that the statutory bar on those over 65 claiming unfair dismissal or a statutory redundancy payment indirectly discriminated against men, contrary to Article 141 of the EC Treaty and was not objectively justified.
Author: C R Orchard Gales Solicitors
Resource type: ELA Briefing
I was concerned by Mr Jonathan Ashworth’s suggestion in Platform (ELA Briefing, April 2003) that costs ordinarily should follow the event if, in his judgment, the parties are unreasonable about compensation.
Author: Marc Jones, partner at Underwoods Solicitors, appeared as solicitor/advocate in the ET and EAT for Mr Lennie
Resource type: ELA Briefing
Is an employment tribunal entitled to take into account contracts of employment that are tainted with illegality in determining whether there is an economic entity for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981?
Author: Richard Samuel, 2 Gray’s Inn Square Chambers
Resource type: ELA Briefing
The implied term of trust and confidence was developing into a powerful provision in employment contracts, particularly when the Lords confirmed its existence and effect in Malik v BCCI [1998] AC 20 HL, where an employee was awarded damages for loss sustained by damage to his reputation arising from the employer’s misconduct.
Author: John Antell, Godolphin Chambers
Resource type: ELA Briefing
Whether there are any circumstances in which an agency worker can complain of unfair dismissal is a question that has been the subject of considerable debate. Two years ago the Court of Appeal in the case of Montgomery v Johnson Underwood Ltd [2001] IRLR 269 appeared to close the door on the possibility of an unfair dismissal claim against the agency
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