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Author: Roseanne Russell, Brodies LLP
Resource type: ELA Briefing
The EAT has decided, in RNLI v Bushaway EAT/0719/04, that an agency worker engaged under an agreement describing her as a “temporary worker”, with an explicit statement that she was neither employed by the agency nor by the end user, was, in fact, employed by the end user (RNLI).
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Author: Susan L Belgrave, barrister, 9 Gough Square
Resource type: ELA Briefing
After a long gestation, the new tribunal procedural rules and the dispute resolution procedures finally arrived last October. Ever since, we have all been wondering what to make of the over-complicated regime. At first blush, anecdotal evidence of a drastic drop in the number of cases coupled with the sightings of many employment barristers taking extended lunches around Temple suggest, seven months later, that the government might have achieved its aim.
Author: Anna Henderson, Herbert Smith LLP
Resource type: ELA Briefing
Luckily, most day-to-day employment law practice does not require much understanding of employment law in other jurisdictions. The obvious exception is cross-border transfers and redundancies, where the legal obligations in each jurisdiction may even determine commercial decisions, such as which country’s plant is closed down.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
The Department of Trade and Industry has been consulting on proposed amendments to the Employment Equality (Sexual Orientation) Regulations 2003 based on civil partnership. It is proposed that from December this year, the employer will not be permitted to raise a defence to less favourable treatment on the ground that the fact the comparator is married, rather than a civil partner, is a “material difference”.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
The Court of Appeal has decided that holiday pay is not payable to those on long-term sick leave under the Working Time Regulations 1998 (Inland Revenue Commissioners v Ainsworth [2005] EWCA Civ 441). This overturns Kigass Aero Components v Brown [2002] ICR 697 (EAT). The decision was reached by emphasising the concept of “leave” in regulation 13, rather than the definition of “worker” on which Kigass had been founded.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
The EAT has made two important decisions on tribunal procedure. First, in Mossman v Bray Management Ltd (0477/ 04), it decided that where a claimant pressed the ‘send’ button at 2.33pm on the last day for submission of her complaint, but it was not in fact received by the tribunal, it was out of time.
Author: Roseanne Russell, Brodies LLP
Resource type: ELA Briefing
When is it reasonable for an employer not to make an adjustment proposed in relation to a disabled employee? This question was recently posed in the Court of Appeal case of The Home Office v Collins [2005] EWCA Civ 598.
Author: Emma McKessy, solicitor (assistant), Rowley Ashworth
Resource type: ELA Briefing
The author of this book was employed as a caseworker by the Free Representation Unit with responsibility for the training and supervision of volunteer tribunal representatives. It will come as no great surprise then that this book has a distinctly claimant perspective to it and is aimed at those with little or no practical experience.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
When the government outlined its proposed age discrimination legislation with a “national default retirement age” of 65 there was disappointment at its likely limited impact. However, the main session at the ELA conference was able to identify why this area of law, from October 2006, will have a significant impact. Clive Howard summarises the comments (without attribution) made by members of the panel
Author: James Tait, associate, Shakespeares
Resource type: ELA Briefing
The Court of Appeal has now provided definitive guidance on the drafting of compromise agreements after overturning the Employment Appeal Tribunal decision in the case of Hinton v University of East London (CA 6 May 2005). James Tait reports
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