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Author: Lord Lester of Herne Hill QC
Resource type: ELA Briefing
Thirty years on, the time is over-ripe for a comprehensive overhaul of the anti-discrimination legislation I helped shape in the mid 1970s. The approach of successive governments to the increasingly complex, opaque and anomalous state of our equality laws has been piecemeal and minimalist. It has involved adding new legislation in bits and pieces.
Author: Susan L Belgrave, 9 Gough Square
Resource type: ELA Briefing
Hats off to Harveys for commissioning the second in what appears to be an excellent series of specialist reports. Employment lawyers would be well advised to get their heads around the topic of data protection since the frequency with which claimants are making subject access requests, particularly in discrimination cases, is alarming and time-consuming for employers.
Author: Marianna Patané, White & Case, Brussels and Littleton Chambers, London
Resource type: ELA Briefing
As we reported in November’s issue of ELA Briefing, the European Commission has proposed the revision of the Working Time Directive of 2003 (Directive 2003/88/EC). Marianna Patané charts the most recent developments in the legislative process, highlighting the issues that are proving most controversial in the current debate
Author: Jennifer Walsh, Osborne Clarke
Resource type: ELA Briefing
Many solicitors will already have been providing advice to clients’ in-house lawyers and human resources teams regarding the statutory dismissal and disciplinary procedures (DDP) and statutory grievance procedure (GP). However, the new legislation also effects the transactional support that we provide to our corporate deal teams. Jennifer Walsh offers some timely advice to practitioners
Author: Paul Quain, chair of the ELA pro bono committee
Resource type: ELA Briefing
ELA has long recognised the importance of pro bono work in the employment law field. Many test cases, some of which have become household names in the employment world, would not have happened if the lawyers had not acted pro bono. Individuals or meritorious cases may never have been heard. Paul Quain reports
Author: Brian Kennelly, Blackstone Chambers
Resource type: ELA Briefing
One aspect of the tribunal’s judgment in Villalba v Merrill Lynch that has attracted little attention may have profound consequences for lawyers dealing with major international entities. It found that s.1(6) of the Equal Pay Act 1970 (EqPA) was contrary to Article 141 EC insofar as it restricted the claimant to comparing her pay with employees of the respondents “employed… at establishments in Great Britain”.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
decision – Hartman v South Essex Mental Health and Community Care NHS Trust – gives further guidance on liability in negligence for psychiatric injury at work. While endorsing the principles laid down in its earlier decision of Hatton v Sutherland, the Court of Appeal made it clear that those principles may be of limited value in cases which do not involve excessive work load.
Author: Roseanne Russell, Brodies LLP
Resource type: ELA Briefing
The introduction of fixed conciliation periods may result in an increased use of compromise agreements for those who fail to conciliate in time. Roseanne Russell examines the consequences and considers the likely effect on the use of COT3s and compromise agreements
Author: Joanna Wade and Camilla Palmer, Palmer Wade
Resource type: ELA Briefing
Joanna Wade and Camilla Palmer consider when the statutory grievance procedure applies, what should be included in a grievance, the overlap with the statutory disciplinary procedure, time limits for lodging a claim and the statutory bar.
Author: Kate Sandison, Osborne Clarke
Resource type: ELA Briefing
Drafting Employment Contracts by Gillian Howard, solicitor and honorary senior lecturer at the University of Birmingham. Published by Law Society Publishing, £69.95 (including accompanying CD-Rom)
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