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Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
On 19 June 2003 the House of Lords handed down its decision in the joined appeals of MacDonald v Advocates General for Scotland and Pearce v Mayfield School [2003] UKHL 34. It unanimously rejected the argument that discrimination on the ground of sexual orientation is covered by the Sex Discrimination Act 1975 on the basis that the correct comparator is a homosexual person of the opposite gender, and not a heterosexual person of the opposite gender.
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
We have at long last received the final version of the Code on Monitoring at Work, Part 3 of the Data Protection Code on Employment Practices. This is brief (42 pages) compared to the other codes and covers a topical area.
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The last two issues of ELA Briefing have contained articles on the territorial scope of the Employment Rights Act 1996, referring to the recent conflicting decisions of the EAT in Lawson v Serco EAT 0018/02 and Bryant v FCO EAT 174/02.
Author: Jonathan Brain is a partner at Mills Kemp & Brown Solicitors
Resource type: ELA Briefing
On 25 October 1999 the statutory cap upon the compensatory award for unfair dismissal prescribed by s.124(1) of the Employment Rights Act 1996 was raised from £12,000 to £50,000. This increase was expected to give rise to some difficult questions in relation to the tax treatment of awards.
Author: Clare Primett, Le Brasseurs
Resource type: ELA Briefing
This publication is written by Sara Leslie, a solicitor working exclusively in the field of equal pay and discrimination; Sue Hastings, a leading expert on equal pay; and Jo Morris, a senior policy officer for the TUC specialising in equal rights. As a result this publication is both practical and authoritative.
Author: Melanie Russell is head of litigation professional support at Olswang
Resource type: ELA Briefing
Faced with legal action to enforce a restrictive covenant against them, employees may consider an argument that the covenants were obtained from them under duress or undue influence, relying, for example, on the fact that they did not receive independent legal advice on the terms of the covenants prior to signing up to them.
Author: David Lipworth (associate) and Hilary Wilde (professional support lawyer), Baker & McKenzie
Resource type: ELA Briefing
Ms Shamoon was a chief inspector with the Royal Ulster Constabulary assigned to the traffic branch. Her superior officer, Superintendent Laird, was in charge of that division. Under the RUC’s staff appraisal scheme, police constables were interviewed by a designated senior officer in a counselling capacity.
Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
The EAT appeal before Mr Justice Wall was heard on 22 and 23 May. The Secretary of State for Trade & Industry, represented by David Pannick QC, was seeking to overturn the unanimous decision of the tribunal in Stratford of 22 August 2002, which ruled that the statutory bar on those over 65 claiming unfair dismissal or a statutory redundancy payment indirectly discriminated against men, contrary to Article 141 of the EC Treaty and was not objectively justified.
Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
On 8 May the government laid before Parliament the final draft of two sets of regulations outlawing discrimination on the grounds of religion or belief and sexual orientation following consultation (the Employment Equality (Sexual Orientation) and (Religion or Belief) Regulations 2003).
Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
Good news for employers – the EAT has handed down its judgment in Dunnachie v Kingston-upon-Hull City Council and other appeals [2003] All ER (D) 320 (May), which has closed the door (for the time being) on the possibility of awards for non-economic loss in claims for unfair dismissal in tribunals.
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