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Author: Jill Kelly, Clarks, Reading
Resource type: ELA Briefing
In this column last December, I asked whether the decision of the ECHR in Wilson & anor v UK [2002] IRLR 568 would result in radical change. The government’s response to this appears in its review of the Employment Relations Act 1999 (ELA Briefing, May 2003 Special feature).
Topics: Trade unions
Author: Oliver Britton, a solicitor in practice on his own account
Resource type: ELA Briefing
When employees who are claiming unfair dismissal deliver a schedule of loss or, via ACAS, at least name their price, the chances of a settlement are substantially enhanced, if not brought to an early conclusion. Unfortunately, employees and their representatives often do not serve schedules until only a few days before the hearing.
Author: C R Orchard Gales Solicitors
Resource type: ELA Briefing
I was concerned by Mr Jonathan Ashworth’s suggestion in Platform (ELA Briefing, April 2003) that costs ordinarily should follow the event if, in his judgment, the parties are unreasonable about compensation.
Author: Marc Jones, partner at Underwoods Solicitors, appeared as solicitor/advocate in the ET and EAT for Mr Lennie
Resource type: ELA Briefing
Is an employment tribunal entitled to take into account contracts of employment that are tainted with illegality in determining whether there is an economic entity for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981?
Author: Richard Samuel, 2 Gray’s Inn Square Chambers
Resource type: ELA Briefing
The implied term of trust and confidence was developing into a powerful provision in employment contracts, particularly when the Lords confirmed its existence and effect in Malik v BCCI [1998] AC 20 HL, where an employee was awarded damages for loss sustained by damage to his reputation arising from the employer’s misconduct.
Author: Jane Fraser, partner, Maclay Murray & Spens
Resource type: ELA Briefing
Dudley Bower Building Services Ltd v (1) PC Lowe (2) WS Atkins Facilities Management Ltd (3) Serco Ltd (EAT 856/01) was heard by the EAT on 29 July 2002, with the decision promulgated on 18 February 2003. Jane Fraser reports
Topics: TUPE
Author: Sam Whitaker is a senior associate at Freshfields Bruckhaus Deringer
Resource type: ELA Briefing
The EAT’s decision in Lawson v Serco Ltd (EAT/0018/02) will be of considerable importance to UK employers with overseas employees. The decision confirms that such employees have the right to bring unfair dismissal claims in UK tribunals. Sam Whitaker reports
Author: Joanne Dunlop is a pupil at Littleton Chambers
Resource type: ELA Briefing
On 3 April 2003 the EAT (HHJ Ansell) handed down its decision in Barton v Investec Henderson Crosthwaite Securities Ltd. This is the first appellate consideration of the effect of s.63A of the Sex Discrimination Act (SDA) on how tribunals should analyse allegations of unfavourable treatment.
Author: Alison Wetherfield and Philip Davies, McDermott Will & Emery
Resource type: ELA Briefing
When the Equal Pay (Questions and Replies) Order 2003/722 came into force on 6 April 2003 individuals became able to use the new Equal Pay Questionnaire to find out how their colleagues’ pay was set. This is private information which both those colleagues and many employers might prefer to keep confidential. Alison Wetherfield and Philip Davies report
Author: Paul Statham, Pattinson & Brewer
Resource type: ELA Briefing
The long-awaited review of the Employment Relations Act 1999 (ERA) has finally been published. Although it adopts a rather complacent and self-satisfied tone in respect of the operation of the Act in its first couple of years, there are proposals for legislative change within its 100 odd pages that could be significant.
Topics: Trade unions
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