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Author: Melanie Russell, Olswang
Resource type: ELA Briefing
It has already been widely reported that the Court of Appeal judgment in the case of McCabe v Cornwall County Council & ors [2002] EWCA Civ 1887 considered the cases of Johnson v Unisys Ltd [2001] ICR 480, Gogay v Hertfordshire County Council [2000] IRLR 703 and Eastwood & anor v Magnox Electric plc [2002] IRLR 447 to try to clarify when damages will be available to employees for the manner of their dismissal.
Author: Melanie Russell, Olswang
Resource type: ELA Briefing
Employment lawyers advising on the terms of appointment of non-executive directors (NEDs) of listed companies should now have almost digested the contents of Derek Higgs’ report, which was published in January. It is likely to be adopted as part of the Combined Code and will apply to reporting years from 1 July 2003 onwards.
Author: Melanie Russell, Olswang
Resource type: ELA Briefing
The Employment Appeals Tribunal recently had its first chance to consider the rules (set out in ss.57A and B Employment Rights Act 1996) governing employees’ rights to take time off to assist dependants, in the case of Qua v John Ford Morrison Solicitors (EAT/884/01).
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
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
I have commented in the past on the necessity to make it easier for clients to recognise a specialist employment lawyer. The issue has not been taken up with any enthusiasm to the great frustration of a number of individuals who have been pressing for a change.
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
The final version of the regulations to implement the flexible working rules has been published and comes into effect on 6 April 2003. There can be few better examples of over-regulating a halfhearted measure.
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
Resource type: ELA Briefing
The new boss of the Employment Appeal Tribunal likes to get things done. Within a short time of his appointment Mr Justice Burton issued a new practice direction to improve procedures and reduce the backlog of cases. Many of the changes are designed to remove some of the tasks of EAT staff and impose extra burdens on litigants. On balance, if the changes result in less delay, that may be a fair trade. The new direction is now in force.
Author: Rachael Wright, Osborne Clarke and Paul Daniels, Russell Jones & Walker
Resource type: ELA Briefing
Rachel Wright and Paul Daniels recently attended, as ELA representatives, a Department for Trade and Industry (DTI) roundtable on employee status. ELA Briefing readers may recall that, earlier this year, the government released a discussion document seeking views on the potential effects of, and justification for, extending the current framework of statutory employment rights to those working people who may be currently excluded from them.
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