ELA Briefing

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Author: James Baker, MacFarlanes
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: John Bowers QC, Littleton Chambers Elizabeth Rivers, independent mediator
In her September/October 2002 ELA Briefing editorial, Suzanne McKie expressed the view that mediators in employment law cases should be employment law practitioners to give confidence to the lay clients taking part. John Bowers QC and Elizabeth Rivers, a solicitor, who are both CEDR registered mediators and mediators for the Workplace Mediation Project with significant experience of mediating employment law disputes, respond here to her editorial.
Topics: ADR
Author: Emma Cross, Mace & Jones
The difficult task of estimating the level of compensation in discrimination claims has long been a source of complaint from employment practitioners. But the task has been simplified greatly by the Court of Appeal’s recent guidance in Vento v The Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871. Emma Cross reports
Author: Melanie Russell, Olswang
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: Rachael Wright, Osborne Clarke and Paul Daniels, Russell Jones & Walker
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.
Topics:
Author: Paul Statham, Pattinson & Brewer Paul Statham had conduct of the dockworkers’ claims from the initial tribunal hearings to the European Court of Human Rights
The case of Wilson, Palmer & ors v The UK Government [2002] IRLR 568 stands as a landmark decision that may have wide-ranging ramifications for collective labour legislation in the United Kingdom. For the first time the European Court of Human Rights has upheld the claim by trade unions and their members that there has been an infringement of Article 11 of the European Charter of Human Rights. Paul Statham reports
Topics: Trade unions
Author: Catherine Taylor, Olswang
Much is currently being made in the press of the new right to request flexible working introduced by the Employment Act 2002. In particular, commentators have decided it will fuel a pay-off culture, even though the new right will in itself result in a maximum award to the employee of only £2,080 ( ie eight weeks’ pay at the weekly rate of £260). Catherine Taylor reports
Author: Sarah Gregory, partner and head of discrimination and Kate Temple, associate, Baker & McKenzie
The Employment Act 2002 enhances the right of employees to take maternity leave, and creates new rights to paternity and adoption leave. Most of the detail of these new and amended rights is set out in the Maternity and Parental Leave Regulations 2002, the Paternity and Adoption Leave Regulations 2002, and the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002. Sarah Gregory and Kate Temple report
Author: Charlotte Davies, McDermott, Will & Emery
The government at the end of January completed its consultation on its proposals for implementing the Race Directive (2000/43/EC) and the Framework Employment Directive (2000/78/EC). Once fully implemented, unfair treatment on the following grounds: race, sex, disability, sexual orientation, religion and belief, and age will be outlawed. Charlotte Davies considers.
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
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.
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