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Author: Clive Howard, Russell, Jones & Walker
Resource type: ELA Briefing
The difficulty of challenging a discretionary bonus as being irrational or perverse - the test set out in Clark v Nomura [2000] IRLR 766 - has been shown in Kennedy v Dresdner Kleinwort Wasserstein (2004 EWHC 1103).
Author: Clive Howard, Russell, Jones & Walker
Resource type: ELA Briefing
Just when we thought we had a clear approach to the burden of proof in sex discrimination cases, following Barton v Investec (2003) IRLR 332, along comes the EAT to make an adjustment in the guidelines.
Author: Clive Howard, Russell, Jones & Walker
Resource type: ELA Briefing
With compulsory disciplinary and grievance procedures due to come into force from 1 October this year, why should parties still be concerned with the ACAS Code of Practice on Discipline and Grievance Procedures?
Author: Marc Jones, Turbervilles
Resource type: ELA Briefing
 read with interest the Platform on contingency fees in employment tribunals by John Hendy QC (ELA Briefing, July 2004, p86), which in my view was not only inaccurate but prejudicial to the many reputable solicitors that offer to act for clients under a contingency fee agreement (CFA).
Author: Brendan Barber, General Secretary of the TUC
Resource type: ELA Briefing
From 1 October 2004 all employers will be required to put in place grievance, dismissal and disciplinary procedures for handling workplace disputes. While many larger organisations already have sophisticated internal procedures, the new legislation has an eye to more than 800,000 employers, mainly small and medium-size enterprises, which the DTI consider to have inadequate or non-existent procedures.
Author: Diana Reid, Herbert Smith
Resource type: ELA Briefing
Extended sickness absence can be a tortuous and confusing process for employer and employee alike. Finding a way through what is often a muddle of conflicting or inconclusive medical evidence and disputed facts, can be frustrating for both, but for the employer there is also the attendant risk of potential unfair dismissal and disability discrimination liability.
Author: James Cox, Ashurst
Resource type: ELA Briefing
Employment lawyers aren't corporate lawyers I hear you say! However, those who regularly advise on senior executive appointments and removals need to be.
Author: David Preston, Hardwicke Building; Sara Morgan and Amanda Brown, Brooke North
Resource type: ELA Briefing
Under s.306 of the Insolvency Act 1986 the estate of a bankrupt vests in his trustee in bankruptcy immediately the latter is appointed. S.283 of the Act defines the bankrupt's estate as including "all property belonging to or vested in the bankrupt at the commencement of the bankruptcy".
Topics: Insolvency
Author: Thomas Brown, Cloisters
Resource type: ELA Briefing
In ELA Briefing, May 2004, Nick Ralph considered the `without prejudice' dismissal. A recent interlocutory decision of the EAT is based on principles which may go further to prevent employers from hiding behind the veil of without prejudice privilege when seeking to end the employment of an employee who complains of unlawful discrimination.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
In Alastair McPherson v BNP Paribas [2004] EWCA Civ 569, the Court of Appeal varied a costs order which had been made by a tribunal on the basis of unreasonable conduct.
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