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Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The recovery of costs is becoming a more widespread issue in employment tribunals – and the EAT’s decision in Health Development Agency v Parish EAT 0543/03 doesn’t help matters. The EAT indicated that costs incurred before the commencement of proceedings cannot be recovered, even where there has been unreasonable conduct of the proceedings. Therefore, all steps taken before the filing of a notice of application or notice of appearance are irrelevant.
Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The government has published the results of the consultation exercise on the draft regulations under the Employment Act 2002 in a 40-page document. The consultation was aimed at clarifying the regulations and resolving any ambiguities. But on reading the document, the position has become no simpler.
Author: Brian Langstaff QC, Cloisters
Resource type: ELA Briefing
Tort concepts can increasingly be argued in employment law claims, and vice versa. This is best illustrated where an individual claims to have suffered psychiatric injury as the result of harassment or bullying at work. Convergence makes life more difficult for the lawyers who have to advise on the choice of the route to compensation. Brian Langstaff QC asks whether you can practise as an employment lawyer without being a personal injury specialist as well
Author: John Evans, Coudert Brothers and chair, ELA international committee
Resource type: ELA Briefing
The 1993 Working Time Directive required the European Commission to report on its operation after 10 years and, in particular, on the provisions for opting out of the 48 hours a week limit. The report was published in January, and pays ELA the compliment of citing the survey ELA carried out with Personnel Today into the use of the opt-out (ELA Briefing, July 2003). John Evans, chair of the ELA international committee, reports
Author: Blair Adams, Olswang Conclusions Christine Jenner, Macfarlanes
Resource type: ELA Briefing
For employment lawyers, questions of jurisdiction often amount to no more than considering in which employment tribunal the claim will be brought. However, after the repeal of s.196 of the Employment Rights Act 1996 (ERA) in 1999, a new area of legal debate opened up in which the fundamentals of statutory employment law became bound up with more exotic principles of jurisdiction and conflict of laws.
Author: Anthea Lawrence, solicitor, Masons Employment Group
Resource type: ELA Briefing
The private recruitment industry is worth some £23 billion in the UK and there are thought to be more than 6,000 recruitment agencies and more than 8,000 recruitment consultants in existence. The conduct of this massive industry is regulated by the Employment Agencies Act 1973, while the detailed regulatory framework is created by regulations made under the Act that mostly date from 1976.
Topics: Recruitment
Author: Peter Schofield, EEF
Resource type: ELA Briefing
Public sector workers are increasingly resorting to industrial action in support of grievances against their employers and government policy generally. Civil servants from five government departments are due to take part in the biggest strike in the public sector for more than a decade and local government and Tube workers in London are being balloted for industrial action. Peter Schofield reports
Topics: Trade unions
Author: Stephen Levinson, partner, Maclay Murray & Spens, London
Resource type: ELA Briefing
When the new prescribed forms for tribunals were discussed in the House of Lords, Lord McIntosh of Haringey confirmed that their use would not be compulsory (Hansard, Col.CWH156, 18 March 2002). The new rules say that a failure to use the prescribed form by an applicant will lead to the tribunal rejecting the claim and that if a respondent should have the temerity not to use the prescribed form it could lead to a “default judgment”.
Author: Michael Duggan of Littleton Chambers was counsel for Mr Wall
Resource type: ELA Briefing
S.109(1) of the ERA provides that the unfair dismissal provisions will not apply to the dismissal of an employee who has reached the normal retirement age for the position of that employee (taking into account status, nature of the work and terms and conditions of employment) or, in default of a normal retirement age, 65.
Author: Nicholas De Marco, Blackstone Chambers
Resource type: ELA Briefing
In December last year the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003 came into force (see ELA Briefing, December 2003). The regulations are similar to existing discrimination law in some respects, but there are important areas of difference, such as the separate treatment of harassment, and the “genuine occupational requirement” allowing direct discrimination to be justified in certain circumstances
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