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Author: Karen Tickner
Resource type: ELA Briefing
The purpose of Platform is to allow members to express their personal views and does not necessarily reflect the views of ELA editorial board. We hope it will prompt discussion and debate.
Author: Maz Adam Iqbal, employment lawyer, Howells Solicitors
Resource type: ELA Briefing
We already have in place legislation to protect individuals against discrimination on the ground of sex. A recurring matter has been discrimination on the ground of sexual orientation and whether this amounts to sex discrimination as detailed in the Sex Discrimination Act 1975.
Author: Clare Primett, Le Brasseurs
Resource type: ELA Briefing
This publication is written by Sara Leslie, a solicitor working exclusively in the field of equal pay and discrimination; Sue Hastings, a leading expert on equal pay; and Jo Morris, a senior policy officer for the TUC specialising in equal rights. As a result this publication is both practical and authoritative.
Author: Christine Jenner is an assistant in the employment department of Macfarlanes
Resource type: ELA Briefing
As the threat of terrorism grows both within the United Kingdom and abroad employers are becoming increasingly concerned about the safety of their staff. Pre-employment screening is one way of protecting companies and their employees from danger but in carrying out such vetting employers must work their way around some tricky legal issues.
Author: Christopher Fisher is a partner in the employment group of Mayer Brown Rowe & Maw LLP
Resource type: ELA Briefing
Decisions by the Court of Appeal on the enforceability of post-termination restrictive covenants are uncommon. The case of Arbuthnot Fund Managers Ltd v Rawlings [2003] EWCA Civ 518 is of interest, both in terms of how closely courts will examine the enforceability of covenants at the interim injunction stage and how far they will narrow the scope of covenants without striking them down completely.
Author: Charlotte Davies, McDermott Will & Emery
Resource type: ELA Briefing
Is an employment tribunal entitled to award damages for non-economic loss in an unfair dismissal claim? This question has been answered by Dunnachie v Kingston upon Hull City Council joined with Williams v Southampton Institute and Dawson v Stonham Housing Association EAT/0725/02/RN. Charlotte Davies reports
Author: Brian Palmer, deputy head of the employment & pensions unit, Charles Russell
Resource type: ELA Briefing
Handsome pay-offs to directors are often controversial, particularly where supposed “fat cats” are seen to receive large payments on the termination of their employment despite the business performing poorly. But lucrative golden handshakes may soon be a thing of the past. Brian Palmer reports
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
On 19 June 2003 the House of Lords handed down its decision in the joined appeals of MacDonald v Advocates General for Scotland and Pearce v Mayfield School [2003] UKHL 34. It unanimously rejected the argument that discrimination on the ground of sexual orientation is covered by the Sex Discrimination Act 1975 on the basis that the correct comparator is a homosexual person of the opposite gender, and not a heterosexual person of the opposite gender.
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
We have at long last received the final version of the Code on Monitoring at Work, Part 3 of the Data Protection Code on Employment Practices. This is brief (42 pages) compared to the other codes and covers a topical area.
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The last two issues of ELA Briefing have contained articles on the territorial scope of the Employment Rights Act 1996, referring to the recent conflicting decisions of the EAT in Lawson v Serco EAT 0018/02 and Bryant v FCO EAT 174/02.
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