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Author: John Porter, Beachcroft Wansbroughs
Resource type: ELA Briefing
The European Commission has proposed a substantial revision of Directive 2003/88 EC. Pressure for change has been growing within the European Parliament and among member state governments and business groups as a result of recent European Court of Justice decisions on its application. John Porter reports
Author: Sejal Raja, partner, Radcliffes Le Brasseur
Resource type: ELA Briefing
The Employment Act 2002 (Dispute Resolution) Regulations 2004 introduce statutory dismissal and disciplinary procedures (DDP) that are binding on employers and employees. Sejal Raja considers how the regulations, and in particular the standard DDP, will affect a redundancy process
Author: Gordon Wignall is a barrister at 36 Bedford Row and a part-time tribunal chairman
Resource type: ELA Briefing
The Court of Appeal continues to describe awards of costs as "exceptional", but to what extent should this be the case - in particular, where there is doubt about whether the proceedings are misconceived? Gordon Wignall considers some of the practical consequences of the costs rules, which are set out in the 2004 Employment Tribunal Rules of Procedure
Author: Lesley J Howe, partner, Mall & Co; Stephen Brodie, partner, Brabners Chaffe Street
Resource type: ELA Briefing
Guidelines on Compensation for Loss of Pension Rights were issued last year, replacing the 1991 guidelines that many observers considered to be out of date. Lesley Howe and Stephen Brodie report
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
No one likes the new proposals published by the European Commission on 22 September. The government will lobby against them in Brussels. The CBI says let workers work as long as they want. Amicus denounced them as a "confusing mess", and to the TUC's general secretary they are "a disappointing decision which will satisfy nobody".
Author: Stephen Levinson, partner,Manches LLP
Resource type: ELA Briefing
Read Sinclair Roche & Temperley v Heard [2004] IRLR 764 to learn how not to organise a hearing. The tribunal had required counsel to produce closing submissions in writing over the Easter holiday weekend, exchange them at mid-day on the next working day and make closing submissions one and a half-hours later. Nineteen witnesses gave evidence over 12 days.
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.
Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
It is well known that discrimination under the Disability Discrimination Act includes a failure to comply with the duty to make reasonable adjustments - the so-called section 6 duty.
Author: Clare Murray and Helen Monson, Fox Williams
Resource type: ELA Briefing
Let us take you back to those sunny days at law school, to that single session you spent learning everything you ever needed to know about partnership law but thought you'd never use. For those employment lawyers who now wish they had listened and learned more about the subject, Clare Murray and Helen Monson offer a refresher course on partnership law
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Author: Helen Ruelle, Mourant du Feu & Jeune, Jersey
Resource type: ELA Briefing
Jersey employment law is undergoing radical change. This is relevant to UK practitioners because Jersey companies are often used as employing vehicles for tax or pension reasons, and many UK trading companies and financial institutions have branches or group companies operating in Jersey
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