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Author: Brian Palmer, partner, Charles Russell’s Employment and Pensions Service Group
Resource type: ELA Briefing
In the recent case of Fassihi v Item Software (UK) Ltd the Court of Appeal held that a director’s fiduciary duty included a duty to disclose his own misconduct. The court commented that this was not a departure from the existing fiduciary duty but simply that it had not been applied to this type of situation before. It appears from a recent High Court decision in Tesco Stores Ltd v Pook & ors that senior employees may also be found to have fiduciary obligations.
Author: Blair Adams, O’Melveny & Myers LLP
Resource type: ELA Briefing
The government recently announced a national default retirement age of 65, which will be introduced as part of the age discrimination legislation due to come into force in the autumn of 2006. Employees will only be able to work beyond 65 if they make a request to do so and their employer agrees. The employer may refuse the request if there are objectively justifiable grounds for doing so.
Author: Chris Tickle, regional chair, Bristol
Resource type: ELA Briefing
Employment tribunals are coming to terms with the biggest change to their practices, procedures and substantive law since the Industrial Relations Act 1971. Familiar landmarks are shrouded in mist or have been swept away. Twenty-three easily understood, largely discretionary rules for dealing with cases have been replaced by 61, in many cases prescriptive, rules. That which was comparatively straightforward is now often complex.
Author: Alex Lock, Beachcroft Wansbroughs, Bristol
Resource type: ELA Briefing
In Department of Work and Pensions v Webley EAT 0033/04, the Court of Appeal has overturned the decision of the EAT and has decided that the non-renewal of a fixed-term contract cannot constitute less favourable treatment for the purposes of regulation 3(1) of the Fixed-term Employees Regulations 2002.
Topics:
Author: Alex Lock, Beachcroft Wansbroughs, Bristol
Resource type: ELA Briefing
The four conjoined appeals of Smith v AJ Morrisroes & Sons Ltd, J J Cafferkey & Co Ltd v Byrne, Wiggins v North Yorkshire County Council and McNulty v P C Harrington Ltd EAT 0563/04 dealt with matters arising from the judgments of the EAT and Court of Appeal in Caulfield v Marshalls Clay [2004] ICR 1502. Several issues on appeal were stayed pending the outcome of the Court of Appeal hearing of Commissioners of Inland Revenue v Ainsworth.
Author: Alex Lock, Beachcroft Wansbroughs, Bristol
Resource type: ELA Briefing
The Employment Appeal Tribunal has decided that where a TUPE transfer is in prospect, no trade union is recognised and there are no employee representatives in post, there is a duty to initiate an election for representatives (and inform and consult with them) or, failing that, to inform and consult individuals. Although to those familiar with the regulations this may not seem to be news, apparently the point had not been decided in any reported case thus far.
Author: Peter Schofield, EEF
Resource type: ELA Briefing
Two aspects of the Employment Relations Act 2004 are already in force: the rights of trade union members not to be induced to turn their backs on the union and collective bargaining (the Wilson & Palmer sections) and the extension of the role of the companion in disciplinary and grievance proceedings.
Topics: Trade unions
Author: Peter Schofield, EEF
Resource type: ELA Briefing
That great token of personal freedom enjoyed by many young solicitors, the individual opt-out from the 48-hour week, is under attack. The draft amending Directive now under consideration in Brussels would limit its use to cases where it is permitted by collective or workforce agreement, unless there is no such agreement and no employee representatives empowered to conclude one.
Author: Peter Schofield, EEF
Resource type: ELA Briefing
The Court of Appeal has upheld the award of contractual damages, representing what a fair and rational employer would have paid, where an employer fails to make a discretionary payment to an employee.
Author: Christopher Camp, Hardwicke Building
Resource type: ELA Briefing
No one likes discrimination. Many of us would rather be known as, say, a fraudster than a racist. Yet in practice as employment lawyers, we operate as if accusing someone of discrimination is of no import; as if an accusation of discrimination is to be taken with a pinch of salt.
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