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Author: Peter Linstead, Clarendon Chambers
Resource type: ELA Briefing
The Department of Trade and Industry has been consulting on proposed amendments to the Employment Equality (Sexual Orientation) Regulations 2003 based on civil partnership. It is proposed that from December this year, the employer will not be permitted to raise a defence to less favourable treatment on the ground that the fact the comparator is married, rather than a civil partner, is a “material difference”.
Author: Pattie Walsh, partner, and Karen Ozzard, solicitor, Richards Butler
Resource type: ELA Briefing
The ELA think tank session took place on Thursday, 3 March at the offices of Richards Butler. The session was chaired by Pattie Walsh of Richards Butler, and the two panel members were Sarah Veale, head of equality employment rights at the TUC, and Fraser Younson, partner and head of employment group at McDermott Will and Emery. Pattie Walsh and Karen Ozzard report
Author: Richard Hignett, No 5 Chambers, London
Resource type: ELA Briefing
Mrs Loosley, a probation officer, complained to a tribunal about the conduct of her male line manager. She alleged that his jokes and banter amounted to sex discrimination. His conduct, the vast majority of which the manager admitted, included making references to Mrs Loosley being “on the game”, and teasing her by playing with her scarf and pulling her hair.
Author: Jeremy Nixon and Jonathan Goldsworthy, Bird & Bird
Resource type: ELA Briefing
In complex discrimination or whistleblowing claims, disclosure can be a key issue for claimants and respondents. Six months after the Employment Tribunals (Constitution and Rules of Procedure) Regulations came into force, Jeremy Nixon and Jonathan Goldsworthy offer an overview of the main issues
Author: Chris Middleton, Kemp Little
Resource type: ELA Briefing
For employers, it can sound quite appealing. If a contract is frustrated, it terminates automatically. There is no dismissal and the parties are released from their obligations under the contract. However, the recent EAT case of Four Seasons Healthcare (formerly Cotswold Spa Retirement Hotels) v Maughan shows how reluctant courts and tribunals are to find that an employment contract has been frustrated. Chris Middleton considers the issues
Author: John McMullen, professor of labour law, University of Leeds
Resource type: ELA Briefing
15.15 on 15 March 2005, the Department of Trade and Industry announced the birth of its new baby: the combined consultation paper and new draft regulations on TUPE. John McMullen reports Background It has been a long and troubled gestation period.
Topics: TUPE
Author: Peter Schofield, EEF
Resource type: ELA Briefing
In the same week it announced its intention of avoiding ‘gold-plating’ EU directives, the government published its draft TUPE regulations extending the scope of the legislation. From October, TUPE will apply to cases of ‘service provision change’, whether or not they amount to a transfer under the directive.
Topics: TUPE
Author: Peter Schofield, EEF
Resource type: ELA Briefing
The Court of Appeal has decided, in Majrowski v Guy’s and St Thomas’s NHS Trust [2005] EWCA Civ 251, that an employer may be vicariously liable for a breach of a statutory duty imposed only on his employee, but not on the employer, so long as there is a sufficiently close connection between the employee’s unlawful conduct and the nature and circumstances of the employment.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The women and equality unit of the Department for Trade and Industry has delivered a new consultation document on changes to sex discrimination legislation. As an illustration of the point made by Lord Lester last month about the “tangled thicket” of equality legislation it could not be bettered, and is recommended as a standard text for universities and colleges to demonstrate why we need a single Equality Act.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The decision in P v P and the very wide interpretation of the duty imposed on lawyers under s.328 of POCA to make disclosures of criminal conduct, however minor, has been creating havoc in the legal profession. It also poses a huge threat to legal professional privilege.
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