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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: 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
Author: James Baker, Macfarlanes
Resource type: ELA Briefing
Permanent health insurance policies are a common feature of employment benefit packages. But how many employees or employers read the small print of their policies, and know what is or is not covered? There has been a slow but steady stream of cases in which the courts have considered whether or not employees are entitled to be compensated for the loss of benefits under their policies.
Author: Alan Delaney, Maclay Murray & Spens
Resource type: ELA Briefing
The Human Rights Act 1998 came into force on 2 October 2000, heralding a new era based on rights and respect for fundamental freedoms. There was endless discussion of the areas of employment law that were likely to be affected by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Topics: Miscellaneous
Author: Jill Kelly, Clarks, Reading
Resource type: ELA Briefing
The question of what constitutes a relevant filing system (RFS) in practice must be one of the top Data Protection Act (DPA) conundrums among a mass of uncertainties. The Office of the Information Commissioner has consistently taken the view that manual personnel records will constitute such a system – public policy appears to demand that a personnel file with the name on the front must constitute an RFS, regardless of the niceties of its structure.
Author: Jill Kelly, Clarks, Reading
Resource type: ELA Briefing
The comments of the Court of Appeal in Franks v Reuters Ltd & anor (see In practice, page 74) may be seen as alarming for any user of temporary workers. With the exception of the rogue decision of the EAT in Motorola Ltd v Davidson & anor [2001] IRLR 4,
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