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Author: Peter Schofield, EEF
Resource type: ELA Briefing
In the same week it announced its intention of avoiding ‘gold-plating’ EU directives, the government published its draft TUPE regulations extending the scope of the legislation. From October, TUPE will apply to cases of ‘service provision change’, whether or not they amount to a transfer under the directive.
Topics: TUPE
Author: Peter Schofield, EEF
Resource type: ELA Briefing
The Court of Appeal has decided, in Majrowski v Guy’s and St Thomas’s NHS Trust [2005] EWCA Civ 251, that an employer may be vicariously liable for a breach of a statutory duty imposed only on his employee, but not on the employer, so long as there is a sufficiently close connection between the employee’s unlawful conduct and the nature and circumstances of the employment.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The women and equality unit of the Department for Trade and Industry has delivered a new consultation document on changes to sex discrimination legislation. As an illustration of the point made by Lord Lester last month about the “tangled thicket” of equality legislation it could not be bettered, and is recommended as a standard text for universities and colleges to demonstrate why we need a single Equality Act.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The decision in P v P and the very wide interpretation of the duty imposed on lawyers under s.328 of POCA to make disclosures of criminal conduct, however minor, has been creating havoc in the legal profession. It also poses a huge threat to legal professional privilege.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The language used by HH Judge McMullen QC in Voith Turbo Ltd v Stowe EAT 13.12.04 criticising the decision in Hardy v Polk (Leeds) Ltd [2004] IRLR 420 (Burton J) has caused much comment, some of which has escaped to print. Richard Linskell in his piece on the cases in this edition demurely refers to it as “rather blunt”.
Author: Alex Lock, Beachcroft Wansbroughs, Bristol
Resource type: ELA Briefing
Poor Molly Martin. Having worked for a number of years as a casual waitress for Just in Time Catering Ltd she announces to her employer that she is pregnant and informs the company that she will need more notice of the events she is due to waitress at. This will be difficult, she is told, and is advised that she should consider leaving sooner rather than later, as “her appearance might upset the clients”.
Author: Guy Dehn
Resource type: ELA Briefing
The article ‘Whistleblowing: managing protected disclosures’ (ELA Briefing, Jan/Feb 2005) offers some pertinent advice, but as a checklist for dealing with whistleblowing it should carry a bold health warning if its aim is to minimise the risk of claims and to protect the employer’s position.
Author: David Cubitt and Kate Sandison, Osborne Clarke
Resource type: ELA Briefing
Ears pricked during Michael Rubenstein’s annual lecture as he outlined matters soon to be determined by the European Court of Justice in the German referral Junk v Kuhnel. The Advocate General’s opinion had already signposted the outcome of this case, which focused on the interpretation of various provisions of the Collective Redundancies Directive (98/59/EC) implemented into UK domestic legislation by the Trade Union and Labour Relations (Consolidation) Act 1992.
Author: Richard Linskell, partner and Amy Stirling, assistant solicitor, Dawsons
Resource type: ELA Briefing
Judicial warfare has broken out over the sums for which an employee needs to give credit when calculating compensation for unfair dismissal. Richard Linskell and Amy Stirling consider the authorities and two recent EAT cases, Morgans v Alpha Plus Security Ltd and Voith Turbo Ltd v Stowe
Author: Cheryl Edmonds, steeles llp
Resource type: ELA Briefing
On 18 February 2005 the Court of Appeal handed down its judgment in the consolidated appeals of Igen Ltd v Wong, Chamberlin Solicitors v Emokpae and Brunel University v Webster, overturning the EAT decision in Webster and revising the guidance laid down in Barton. Cheryl Edmonds considers the impact of the court’s decision on recent legislative changes to the burden of proof requirements in discrimination cases
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