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Author: Marianna Patané, White & Case, Brussels and Littleton Chambers, London
Resource type: ELA Briefing
As we reported in November’s issue of ELA Briefing, the European Commission has proposed the revision of the Working Time Directive of 2003 (Directive 2003/88/EC). Marianna Patané charts the most recent developments in the legislative process, highlighting the issues that are proving most controversial in the current debate
Author: Jennifer Walsh, Osborne Clarke
Resource type: ELA Briefing
Many solicitors will already have been providing advice to clients’ in-house lawyers and human resources teams regarding the statutory dismissal and disciplinary procedures (DDP) and statutory grievance procedure (GP). However, the new legislation also effects the transactional support that we provide to our corporate deal teams. Jennifer Walsh offers some timely advice to practitioners
Author: Paul Quain, chair of the ELA pro bono committee
Resource type: ELA Briefing
ELA has long recognised the importance of pro bono work in the employment law field. Many test cases, some of which have become household names in the employment world, would not have happened if the lawyers had not acted pro bono. Individuals or meritorious cases may never have been heard. Paul Quain reports
Author: Brian Kennelly, Blackstone Chambers
Resource type: ELA Briefing
One aspect of the tribunal’s judgment in Villalba v Merrill Lynch that has attracted little attention may have profound consequences for lawyers dealing with major international entities. It found that s.1(6) of the Equal Pay Act 1970 (EqPA) was contrary to Article 141 EC insofar as it restricted the claimant to comparing her pay with employees of the respondents “employed… at establishments in Great Britain”.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
decision – Hartman v South Essex Mental Health and Community Care NHS Trust – gives further guidance on liability in negligence for psychiatric injury at work. While endorsing the principles laid down in its earlier decision of Hatton v Sutherland, the Court of Appeal made it clear that those principles may be of limited value in cases which do not involve excessive work load.
Author: Roseanne Russell, Brodies LLP
Resource type: ELA Briefing
The introduction of fixed conciliation periods may result in an increased use of compromise agreements for those who fail to conciliate in time. Roseanne Russell examines the consequences and considers the likely effect on the use of COT3s and compromise agreements
Author: Joanna Wade and Camilla Palmer, Palmer Wade
Resource type: ELA Briefing
Joanna Wade and Camilla Palmer consider when the statutory grievance procedure applies, what should be included in a grievance, the overlap with the statutory disciplinary procedure, time limits for lodging a claim and the statutory bar.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
In the next few months we will hear widely from political parties and pressure groups about desired employment law changes. Antony Lester in this issue of the Briefing advances the argument for a single Equality Act. That is likely to be a well publicised debate. The TUC has started another relevant one, triggered by the publication of data showing the gender pay gap is widening (it is now 19.8 per cent).
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The practice statement handed down on 3 February 2005 has arisen because of the failure, by solicitors as well as litigants in person, to follow the EAT rules (1993, as amended). It confirms that between 2 and 26 January 2005 20 notices of appeal were returned as invalid. Of these, 13 were invalid because of the failure to attach the ET1 and the ET3. The 2004 Employment Tribunals Service Annual Report confirmed there were 443 cases which went to a preliminary hearing in the EAT.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The EAT decision in Hardy v Tourism South East gives clear guidance on the potentially wide application of s.188 of TULR(C)A 1992. Even if the employer is not intending to make employees redundant, because of the possibility of redeployment or employment on new terms and conditions, s.188 is still engaged.
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