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Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The European Union claims to be moving away from ‘red tape’ but the Employment Tribunal Service appears to be going in the opposite direction. By the time you read this Briefing, we will be a number of weeks into the new regime where only official ET1 and ET3 forms can be used.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
While fixed-term employees have had protection since 2002, it was hoped by now that serious progress would have been made under the Temporary Workers Directive. As has been well publicised, the proposed temporary directive, which is intended to outlaw less favourable pay and conditions for agency temps in comparison with permanent colleagues, has been postponed.
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Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
The impenetrability of the law can also act to dampen down a willingness to make a claim. In Levy McCallum Ltd v Middleton (EAT/0020/05), the EAT in Edinburgh considered a tribunal decision that an employee who had been faced with redundancy, who then offered to work on a self-employed basis, was in fact an employee.
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Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
As well as a willingness to consider costs, the increasing formality of tribunals may also be a deterrent to making a claim. Hot off the EAT press comes Criddle v Epcot Leisure (EAT/0275/ 05) in which the transitional provisions under the new rules were examined. Mr Criddle was considered to have acted unreasonably in failing to comply with directions and was ordered to pay costs.
Author: Alex Lock, Beachcroft Wansbroughs
Resource type: ELA Briefing
The Employment Tribunal Service released figures in July revealing a 25 per cent reduction in the number of claims made to tribunals. (See, also, John McMullen’s article on page 116 of the Briefing). One reason for the sharp fall may be found in a recent survey of the Acas national telephone helpline service. The volume of calls in 2004/2005 rose to nearly 900,000, up from 795,000 in the previous year.
Author: Richard Linskell, Dawsons
Resource type: ELA Briefing
Author: Garreth Wong, Matrix Chambers
Resource type: ELA Briefing
8. Remember the Sabbath day, to keep it holy. 9. Six days shalt thou labour, and do all thy work. 10. But the seventh day is the Sabbath of the Lord thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates.
Author: Richard Parr and Nicola Bennett, Brooke North
Resource type: ELA Briefing
August is usually a bit of a ‘silly season’ for lawyers when little happens. However, August 2005 saw a clash between UK insolvency law’s rescue culture and Europe’s vision for collective employment rights on redundancy. The rescue culture won, though a challenge – whether in the House of Lords or the European Court of Justice – must be on the cards. Richard Parr and Nicola Bennett report
Author: John McMullen, professor of labour law, University of Leeds
Resource type: ELA Briefing
The Employment Tribunals Service (ETS) Annual Report and Accounts for 2004-5 (covering the period 1 April 2004 to 31 March 2005) was published on 12 July. It reveals a decline in registered employment tribunal claims from 115,042 to 86,181 over the preceeding 12 months. John McMullen examines the figures
Author: Brian Napier QC, Fountain Court
Resource type: ELA Briefing
By the time you are reading this, the law of sexual harassment at work should have radically changed. From 1 October we will have, for the first time, as part of the sex discrimination legislation, a definition of harassment. It will no longer have to be accommodated as a sub-category of direct discrimination within s.1(1)(a) of the Sex Discrimination Act 1975. Brian Napier QC reports
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