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Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
More than a year ago, the government launched the consultation document ‘Equality and Diversity: Making it Happen’, which asked what form the statutory equality institutions should take, in view of the increased range of discrimination laws. It has decided that there should be a single body but that its remit will include “the promotion of respect for human rights” as well as discrimination.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
Like the Court of Appeal in Nelson v Carillion Services [2003] IRLR 428, the EAT in Pratt v Sanden International (Europe) Ltd (unreported) has decided that the changes to the burden of proof in sex discrimination cases amount to little in practice. At her tribunal hearing, the complainant mentioned nine examples of “detrimental” treatment, although her counsel cited only five or six in his final submissions.
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
Consultation on the new TUPE regulations is delayed yet again – until “the turn of the year”, says the DTI. These new regulations have been keenly awaited by many as bringing, at last, a degree of certainty to the question of when TUPE applies in the arena of contracting-out of services.
Topics: TUPE
Author: Peter Schofield, head of legal affairs Engineering Employers Federation
Resource type: ELA Briefing
I am writing this having just been quoted in the Daily Telegraphdescribing the draft dispute resolution regulations as “a dog’s dinner”. The Department of Trade & Industry consulted fully before launching its consultation paper on the draft, but I don’t think that my comment was too wide of the mark. Consider some of these potential outcomes of the draft regulations. An employee does not attend a meeting called by his employer under the procedure.
Author: Paul Troop, Tooks Court Chambers
Resource type: ELA Briefing
Mr Rutherford and Mr Bentley were employees dismissed after their 65th birthdays who claimed unfair dismissal and redundancy respectively. In neither case was there a normal retirement age for the purposes of the Employment Rights Act 1996 (ERA 1996), so the default retirement age of 65 applied in both cases.
Author: Alex Denny, Nabarro Nathanson
Resource type: ELA Briefing
Two recent appeal decisions – Pratley v Surrey County Council [2003] EWCA Civ 1067 (25 July 2003) and Marshall Specialist Vehicles Ltd v Osborne EAT (30 April 2003) – have highlighted the difficulties that face employees who bring stress-related claims against their employer and the importance of the Court of Appeal’s decision in Sutherland v Hatton [2002] IRLR
Author: Pauline Hughes, head of legal service, Disability Rights Commission
Resource type: ELA Briefing
There have been a number of interesting disability cases reported during the past year and the overall trend appears to be an increased reliance upon medical evidence. This is regrettable, since the definition itself is a hybrid of the medical model of disability, which treats disability as a medical problem and focuses on treatment, and the social model of disability, which treats disability as a political and social issue. Pauline Hughes reports
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
A final set of statistics for the month… Although costs orders remain the exception rather than the rule in employment tribunals, they are slowly becoming a more frequent sanction for vexatious, abusive, disruptive or (most frequently) unreasonable conduct in bringing or conducting proceedings. The Employment Tribunals Service Annual Report for 2002/2003 shows that costs orders were made in a total of 998 cases for that year, which compares with a total of 636 for the previous year.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
And still more figures… The increase in the minimum wage on 1 October to £4.50 for those aged 22 and above and to £3.80 for those aged 18-21 coincides with the publication of the National Minimum Wage Report 2002/2003. It is a self-congratulatory document, but perhaps deservedly so, when one considers the short time in which the minimum wage has become a settled feature of employment with a high level of awareness.
Author: Simon Cheetham, Ely Place Chambers
Resource type: ELA Briefing
More statistics… With the consultation period on the age discrimination proposals coming to an end on 20 October, it is interesting to read that – according to a survey for the Employers Forum on Age – only 9 per cent of UK managers are fully aware of the government’s plans for age discrimination legislation.
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