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Author: Thomas Linden, Matrix Chambers
Resource type: ELA Briefing
It is not unusual in employment cases for the employer to seek to adduce evidence which has been obtained in circumstances that infringe the employee’s right to respect for his or her private life and correspondence under Article 8 of the Convention on Human Rights
Author: By Amanda McGurran, solicitor, Shadbolt & Co
Resource type: ELA Briefing
Following the announcement by the Secretary of State for Defence, Geoff Hoon, of the call-up of 1,500 reservists for possible war against Iraq, the process of mobilisation is now under way. The call-up has a number of important employment law implications for employers.
Author: Pauline Hughes, head of legal services, DRC and part-time chairman of the employment tribunals
Resource type: ELA Briefing
This article will focus on compensation for disability discrimination claims brought in the employment tribunals. Compensation for other types of DDA claim will be considered briefly at the end. Pauline Hughes reports
Author: Raymond Jeffers, Linklaters
Resource type: ELA Briefing
At long last it looks as though we will have a revised TUPE. We can expect TUPE applying to more service contractor changes, new obligations upon employers to notify transferees of ongoing employment rights and special provisions in the context of insolvent businesses.
Topics: TUPE
Author: Sean Nesbitt, partner and Kellie McCormack, professional support assistant, employment & pensions department, Taylor Wessing
Resource type: ELA Briefing
Personal relationships in the workplace are in the news again – as the article on sex discrimination comparators shows on page 27. The case highlights a common preoccupation among employers: what happens if our staff have relationships and it all goes wrong? Employers may also be concerned about the potential for abuses of workplace authority, favouritism and perceptions of unfairness during employment.
Author: James Baker, MacFarlanes
Resource type: ELA Briefing
In Scotts Company (UK) Ltd v Mr J Budd (19 September 2002) EAT 823/01 the Employment Appeals Tribunal considered, for the first time, the interpretation of ss.87 and 88 Employment Rights Act 1996 (ERA). James Baker reports
Author: John Bowers QC, Littleton Chambers Elizabeth Rivers, independent mediator
Resource type: ELA Briefing
In her September/October 2002 ELA Briefing editorial, Suzanne McKie expressed the view that mediators in employment law cases should be employment law practitioners to give confidence to the lay clients taking part. John Bowers QC and Elizabeth Rivers, a solicitor, who are both CEDR registered mediators and mediators for the Workplace Mediation Project with significant experience of mediating employment law disputes, respond here to her editorial.
Topics: ADR
Author: Emma Cross, Mace & Jones
Resource type: ELA Briefing
The difficult task of estimating the level of compensation in discrimination claims has long been a source of complaint from employment practitioners. But the task has been simplified greatly by the Court of Appeal’s recent guidance in Vento v The Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871. Emma Cross reports
Author: Melanie Russell, Olswang
Resource type: ELA Briefing
It has already been widely reported that the Court of Appeal judgment in the case of McCabe v Cornwall County Council & ors [2002] EWCA Civ 1887 considered the cases of Johnson v Unisys Ltd [2001] ICR 480, Gogay v Hertfordshire County Council [2000] IRLR 703 and Eastwood & anor v Magnox Electric plc [2002] IRLR 447 to try to clarify when damages will be available to employees for the manner of their dismissal.
Author: Melanie Russell, Olswang
Resource type: ELA Briefing
Employment lawyers advising on the terms of appointment of non-executive directors (NEDs) of listed companies should now have almost digested the contents of Derek Higgs’ report, which was published in January. It is likely to be adopted as part of the Combined Code and will apply to reporting years from 1 July 2003 onwards.
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