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Author: Paul McMahon, Freeth Cartwright
Resource type: ELA Briefing
As an employment lawyer advising an employee on the terms of a compromise agreement, how many times have you been asked to give the following warranty (or something similar): "The adviser warrants that the conditions regulating compromise agreements under the Acts are satisfied in relation to this agreement"?
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
In Bolch v Chipman [2004] IRLR 140, the EAT considered the power given to tribunals by 15(2)(d) of the 2001 Rules to strike out where the manner in which proceedings have been conducted is "unreasonable". In the first reported case to consider the effect of this rule, the president, Burton J, gave guidance on what may be considered unreasonable conduct of proceedings, and provided a clear four-stage test to be applied on application to strike out.
Author: Peter Frost, Herbert Smith, ELA mediation working party
Resource type: ELA Briefing
With huge numbers of tribunal claims continuing to be made, and an increasing number of employment rights to enforce, the use of alternative dispute resolution (ADR), and specifically mediation, as a means of curbing the time and cost spent dealing with disputes seems ever more attractive.
Topics: ADR
Author: Chris Holmes, Disability Rights Commissioner and Caroline Carter, Ashurst
Resource type: ELA Briefing
Last December’s Court of Session decision in Archibald v Fife Council [2004] IRLR197 on the extent of employers’ duties to make adjustments under the DisabilityDiscrimination Act 1995 (DDA) has proved controversial. We hear from twoparties with opposing views: Chris Holmes, MBE, a disability rights commissioner,and Caroline Carter of Ashurst, whose clients are predominantly employers.
Author: Stephen Levinson, Maclay Murray & Spens
Resource type: ELA Briefing
This article reviews the proposed new rules to regulate costs in tribunals and the conciliation of those claims on which the government is currently consulting. These are important proposals which will have a significant effect on all tribunal practitioners.
Author: Garreth Wong is a barrister at Matrix Chambers
Resource type: ELA Briefing
In Collins v Royal National Theatre Board Ltd [2004] EWCA Civ 144 (17 February 2004) the Court of Appeal clarified the vexed issue of the interrelationship between s.6 (the employer's duty to make reasonable adjustments) and s.5(4) (justification for failure to comply with s.6 duty) of the Disability Discrimination Act 1995
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
The decision in Fairhurst Ward Abbots Ltd v Botes Building Ltd & ors [2004] EWCA Civ 83 addressed a novel point. Does TUPE require in a transfer-of-part-of undertaking case that the part transferred should itself, before the date of the transfer, exist as a discrete and identifiable stable economic entity?
Topics: TUPE
Author: Sophie Buckley, barrister at York Chambers and lecturer at Northumbria University and Sarah Catherwood, Solicitor in the Student Law Office and lecturer at Northumbria University
Resource type: ELA Briefing
On 11 February the Court of Appeal in Dunnachie v Kingston upon Hull City Council [2004] EWCA Civ 84 decided by a majority (Brooke LJ dissenting) that damages for "non-economic loss" arising from the manner of dismissal are recoverable in unfair dismissal claims
Author: Rebecca Tuck, counsel for Lane Group and Mark Whitcombe, counsel for North Somerset Council, both of Old Square Chambers
Resource type: ELA Briefing
Lane Group plc (1) North Somerset Council (2) v Brian Farmiloe UK EAT/0352/03/DA and UK EAT/0357/03/DA considers the tensions between health and safety legislation and the Disability Discrimination Act (and the scope of s.59), as well as in relation to advisory bodies aiding discrimination (s.57). Rebecca Tuck and Mark Whitcombe report
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
The Court’s decision in Laing Ltd v Essa Laing Ltd v Essa [2004] EWCA Civ 02 is equally remarkable. This concerns whether, in assessing compensation under s.57 of the Race Relations Act 1976, loss for psychiatric injury is only recoverable if the injury was reasonably foreseeable
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