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Author: David Fox is a lawyer in the Treasury Solicitor’s Department who acted for the Ministry of Defence
Resource type: ELA Briefing
Breastfeeding mothers are protected against discrimination only until the end of their maternity leave or in circumstances where health and safety issues arise, according to the EAT in a reserved judgment in Ministry of Defence v Williams, which was delivered on 8 October 2003. David Fox reports
Author: Joanne Dunlop and John Bowers QC, Littleton Chambers
Resource type: ELA Briefing
The publication on 2 July of the Department of Trade & Industry’s consultation paper, Equality and Diversity – Age Matters, which outlined proposals for age discrimination legislation, has provoked considerable debate. This article examines the headline-grabbing proposals on retirement ages, but also outlines their practical implications in other areas.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
More than a year ago, the government launched the consultation document ‘Equality and Diversity: Making it Happen’, which asked what form the statutory equality institutions should take, in view of the increased range of discrimination laws. It has decided that there should be a single body but that its remit will include “the promotion of respect for human rights” as well as discrimination.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
Like the Court of Appeal in Nelson v Carillion Services [2003] IRLR 428, the EAT in Pratt v Sanden International (Europe) Ltd (unreported) has decided that the changes to the burden of proof in sex discrimination cases amount to little in practice. At her tribunal hearing, the complainant mentioned nine examples of “detrimental” treatment, although her counsel cited only five or six in his final submissions.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
Consultation on the new TUPE regulations is delayed yet again – until “the turn of the year”, says the DTI. These new regulations have been keenly awaited by many as bringing, at last, a degree of certainty to the question of when TUPE applies in the arena of contracting-out of services.
Topics: TUPE
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
I am writing this having just been quoted in the Daily Telegraphdescribing the draft dispute resolution regulations as “a dog’s dinner”. The Department of Trade & Industry consulted fully before launching its consultation paper on the draft, but I don’t think that my comment was too wide of the mark. Consider some of these potential outcomes of the draft regulations. An employee does not attend a meeting called by his employer under the procedure.
Author: Naomi Feinstein, partner, and Adam Turner, professional support lawyer, Lovells
Resource type: ELA Briefing
Requests for advice on dealing with flexible working requests have been an increasing part of an employment lawyer’s postbag since the introduction last April of a statutory right to request flexible working. In September 2003 Lovells and the Chartered Institute of Personnel and Development conducted a survey to assess the impact of the new right, which attracted responses from 510 organisations of all sizes and across a range of industry sectors.
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
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