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Author: Pauline Hughes, head of legal service, Disability Rights Commission
Resource type: ELA Briefing
There have been a number of interesting disability cases reported during the past year and the overall trend appears to be an increased reliance upon medical evidence. This is regrettable, since the definition itself is a hybrid of the medical model of disability, which treats disability as a medical problem and focuses on treatment, and the social model of disability, which treats disability as a political and social issue. Pauline Hughes reports
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
A final set of statistics for the month… Although costs orders remain the exception rather than the rule in employment tribunals, they are slowly becoming a more frequent sanction for vexatious, abusive, disruptive or (most frequently) unreasonable conduct in bringing or conducting proceedings. The Employment Tribunals Service Annual Report for 2002/2003 shows that costs orders were made in a total of 998 cases for that year, which compares with a total of 636 for the previous year.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
And still more figures… The increase in the minimum wage on 1 October to £4.50 for those aged 22 and above and to £3.80 for those aged 18-21 coincides with the publication of the National Minimum Wage Report 2002/2003. It is a self-congratulatory document, but perhaps deservedly so, when one considers the short time in which the minimum wage has become a settled feature of employment with a high level of awareness.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
More statistics… With the consultation period on the age discrimination proposals coming to an end on 20 October, it is interesting to read that – according to a survey for the Employers Forum on Age – only 9 per cent of UK managers are fully aware of the government’s plans for age discrimination legislation.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
Some employment lawyers might have to swallow hard before agreeing with ACAS that the fall in the number of tribunal applications is “encouraging”. The ACAS Annual Report 2003 records a fall for the third successive year, with a total of 94,453 applications in 2002/ 2003, which was 4 per cent down on the previous year.
Author: Marc Jones, a partner at Underwoods Solicitors, acts for Ms Heath
Resource type: ELA Briefing
The purpose of Platform is to allow members to express their personal views and does not necessarily reflect the views of ELA editorial board. We hope it will prompt discussion and debate.
Author: Arpita Dutt, Solicitor for Ms Baskerville, Russell Jones & Walker
Resource type: ELA Briefing
Employment practitioners who have no involvement with police cases, may note their significance in terms of making law – one need only think of Vento v The Chief Constable of West Yorkshire Police [2003] IRLR 102 on the assessment of compensation and Hendricks v Commissioner of Police of the Metropolis [2003] IRLR 86 on jurisdictional issues.
Author: Paul Troop, Tooks Court Chambers
Resource type: ELA Briefing
Mr Rutherford and Mr Bentley were employees dismissed after their 65th birthdays who claimed unfair dismissal and redundancy respectively. In neither case was there a normal retirement age for the purposes of the Employment Rights Act 1996 (ERA 1996), so the default retirement age of 65 applied in both cases.
Author: Alex Denny, Nabarro Nathanson
Resource type: ELA Briefing
Two recent appeal decisions – Pratley v Surrey County Council [2003] EWCA Civ 1067 (25 July 2003) and Marshall Specialist Vehicles Ltd v Osborne EAT (30 April 2003) – have highlighted the difficulties that face employees who bring stress-related claims against their employer and the importance of the Court of Appeal’s decision in Sutherland v Hatton [2002] IRLR
Author: James Cox and Kelly Cole are solicitors at Ashurst Morris Crisp, which acted for Virgin Net
Resource type: ELA Briefing
The EAT in Virgin Net Ltd v Harper EAT/0111/02 held that an employee cannot recover damages representing the loss of statutory unfair dismissal rights at common law where the breach of contract arises from a summary dismissal without proper cause and where, had contractual notice been given by the employer, the effective date of termination
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