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Author: Jonathan Ashworth, Park Lane Chambers, Leeds
Resource type: ELA Briefing
In employment cases the issue of costs is often raised as an issue pre-litigation. It is used as a stick with which to attempt to settle cases, but is in reality a perceived threat not a real one. As a barrister acting for both sides, and a firm believer in the access to justice of all parties, it may be surprising that I am a firm advocate of costs orders.
Author: Clare Primett, Le Brasseur Davis Law Group
Resource type: ELA Briefing
This publication topic area describes itself as “a crucial part of human resources management”. Managing Dismissals features case scenarios, precedent letters and agreements and the latest legislation and guidance published as at September 2002. Sex, race and disability discrimination fall outside the scope of the book.
Author: Fiona Bolton, Herbert Smith
Resource type: ELA Briefing
Serving an originating application ought to be straightforward, even where the respondent is resident overseas. However, a close examination of the relevant rules by a recent Stratford Tribunal has indicated that many tribunals may be getting it wrong. Fiona Bolton reports
Author: Tim Davies is a solicitor with Michelmores, Exeter, which represented the first respondent in Alamo and which also acted in Kerry
Resource type: ELA Briefing
On 24 February 2003 the EAT handed down its decision in the case of Alamo Group (Europe) Ltd v Tucker (1) and Twose of Tiverton Ltd (2). In doing so, the EAT sought to resolve conflicting authorities on the issue of whether liability to pay compensation for a transferor’s failure to consult with employee representatives pursuant to regulations 10 and 11 TUPE, transfers to the transferee under regulation 5(2) TUPE. Tim Davies considers the implications
Topics: TUPE
Author: Thomas Linden, Matrix Chambers
Resource type: ELA Briefing
It is not unusual in employment cases for the employer to seek to adduce evidence which has been obtained in circumstances that infringe the employee’s right to respect for his or her private life and correspondence under Article 8 of the Convention on Human Rights
Author: By Amanda McGurran, solicitor, Shadbolt & Co
Resource type: ELA Briefing
Following the announcement by the Secretary of State for Defence, Geoff Hoon, of the call-up of 1,500 reservists for possible war against Iraq, the process of mobilisation is now under way. The call-up has a number of important employment law implications for employers.
Author: Pauline Hughes, head of legal services, DRC and part-time chairman of the employment tribunals
Resource type: ELA Briefing
This article will focus on compensation for disability discrimination claims brought in the employment tribunals. Compensation for other types of DDA claim will be considered briefly at the end. Pauline Hughes reports
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
As the Lord Chancellor Derry Irvine now knows pay is a sensitive issue. But payoffs on termination following poor performance are super-sensitive. Huge payments to directors who are perceived to have failed give journalists countless opportunities to bemoan the injustice of it all.
Author: Sean Nesbitt, partner and Kellie McCormack, professional support assistant, employment & pensions department, Taylor Wessing
Resource type: ELA Briefing
Personal relationships in the workplace are in the news again – as the article on sex discrimination comparators shows on page 27. The case highlights a common preoccupation among employers: what happens if our staff have relationships and it all goes wrong? Employers may also be concerned about the potential for abuses of workplace authority, favouritism and perceptions of unfairness during employment.
Author: James Baker, MacFarlanes
Resource type: ELA Briefing
In Scotts Company (UK) Ltd v Mr J Budd (19 September 2002) EAT 823/01 the Employment Appeals Tribunal considered, for the first time, the interpretation of ss.87 and 88 Employment Rights Act 1996 (ERA). James Baker reports
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