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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.
Author: Rebecca Ford, Olswang
Resource type: ELA Briefing
Employers should now have in place new or amended policies that take account of the statutory dismissal, disciplinary (DDP) and grievance (GP) procedures which came into force on 1 October 2004. They should also have informed their employees of these, or risk the imposition of a penalty by a tribunal of either two or four weeks' pay for each relevant employee (although only if the employee wins another type of tribunal claim - it is not a free-standing right).
Author: Daniel Naftalin, Mishcon de Reya
Resource type: ELA Briefing
The case of Horkulak v Cantor Fitzgerald International has already received much public exposure with lurid headlines about alleged drug and alcohol use, death threats and lap-dancing. One issue in Newman J's judgment that was largely overlooked, however, was his analysis of how an employer should exercise discretion on bonuses and how compensation should be calculated.
Author: Mohinderpal Sethi, barrister, No.1 Serjeants' Inn appeared pro bono as junior counsel for Miss Heath, instructed by Marc Jones of Turbervilles
Resource type: ELA Briefing
In Heath v Commissioner of Police for the Metropolis, the Court of Appeal has held that the rule of absolute judicial immunity from suit applies to employment tribunal claims of unlawful discriminatory conduct in the course of an internal police disciplinary hearing. Mohinderpal Sethi reports
Author: Marc Jones, partner, Turbervilles
Resource type: ELA Briefing
Viewing pornographic material in the workplace will usually result in disciplinary proceedings, but could such conduct in itself give rise to a separate complaint of unlawful sex discrimination? This question has been answered in Moonsar v Fiveways Express Transport Ltd. Marc Jones reports
Author: Brendan Barber, General Secretary, Trades Union Congress
Resource type: Lecture Notes
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
The Act comes into force on 1 January 2005. It will require all "public authorities" to disclose information requested by members of the public. Certain information is exempt from disclosure. This includes all personal information if the applicant is the data subject.
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