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Author: Jill Kelly, partner, Clarks Solicitors
Resource type: ELA Briefing
 can't believe that I wrote about the proposed changes to TUPE and pensions in this column as long ago as November 2001. Finally, we now have something more concrete in S/203-204 of the Pensions Bill. The new protection only applies to employees who are members of occupational pension schemes
Topics: TUPE
Author: Jill Kelly, partner, Clarks Solicitors
Resource type: ELA Briefing
New regulations are being finalised to bring in fair piece rates for output workers under the National Minimum Wage Act. This replaces the system of fair estimate agreements where employers set an estimate of the amount of time needed to complete each block of work.
Author: Jill Kelly, partner, Clarks Solicitors
Resource type: ELA Briefing
Just before he got hit by the Durant decision, the Information Commissioner had the chance to prepare the final part of his Employment Practices Code in draft about workers' health.
Author: Paul McMahon, Freeth Cartwright
Resource type: ELA Briefing
As an employment lawyer advising an employee on the terms of a compromise agreement, how many times have you been asked to give the following warranty (or something similar): "The adviser warrants that the conditions regulating compromise agreements under the Acts are satisfied in relation to this agreement"?
Author: Sophie Buckley, barrister at York Chambers and lecturer at Northumbria University and Sarah Catherwood, Solicitor in the Student Law Office and lecturer at Northumbria University
Resource type: ELA Briefing
On 11 February the Court of Appeal in Dunnachie v Kingston upon Hull City Council [2004] EWCA Civ 84 decided by a majority (Brooke LJ dissenting) that damages for "non-economic loss" arising from the manner of dismissal are recoverable in unfair dismissal claims
Author: Rebecca Tuck, counsel for Lane Group and Mark Whitcombe, counsel for North Somerset Council, both of Old Square Chambers
Resource type: ELA Briefing
Lane Group plc (1) North Somerset Council (2) v Brian Farmiloe UK EAT/0352/03/DA and UK EAT/0357/03/DA considers the tensions between health and safety legislation and the Disability Discrimination Act (and the scope of s.59), as well as in relation to advisory bodies aiding discrimination (s.57). Rebecca Tuck and Mark Whitcombe report
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
The Court’s decision in Laing Ltd v Essa Laing Ltd v Essa [2004] EWCA Civ 02 is equally remarkable. This concerns whether, in assessing compensation under s.57 of the Race Relations Act 1976, loss for psychiatric injury is only recoverable if the injury was reasonably foreseeable
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
S.123 of the Employment Rights Act 1996reads: “The amount of the compensator award shall be such amount as thetribunal considers just and equitable in allthe circumstances having regard to theloss sustained by the complainant inconsequence of the dismissal …
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
An entertaining game to play over the Easter holidays might be to name the body that will generate the most work for you in the coming months. The government is a good opening gambit.For example, there are the up coming laws, such as the Conduct of Employment Agencies and Employment Businesses Regulations 2003
Topics: Miscellaneous
Author: Chris Holmes, Disability Rights Commissioner and Caroline Carter, Ashurst
Resource type: ELA Briefing
Last December’s Court of Session decision in Archibald v Fife Council [2004] IRLR197 on the extent of employers’ duties to make adjustments under the DisabilityDiscrimination Act 1995 (DDA) has proved controversial. We hear from twoparties with opposing views: Chris Holmes, MBE, a disability rights commissioner,and Caroline Carter of Ashurst, whose clients are predominantly employers.
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