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Author: Blair Adams, O’Melveny & Myers LLP
Resource type: ELA Briefing
The government recently announced a national default retirement age of 65, which will be introduced as part of the age discrimination legislation due to come into force in the autumn of 2006. Employees will only be able to work beyond 65 if they make a request to do so and their employer agrees. The employer may refuse the request if there are objectively justifiable grounds for doing so.
Author: Chris Tickle, regional chair, Bristol
Resource type: ELA Briefing
Employment tribunals are coming to terms with the biggest change to their practices, procedures and substantive law since the Industrial Relations Act 1971. Familiar landmarks are shrouded in mist or have been swept away. Twenty-three easily understood, largely discretionary rules for dealing with cases have been replaced by 61, in many cases prescriptive, rules. That which was comparatively straightforward is now often complex.
Author: Trevor Gibson, associate, Wragge & Co
Resource type: ELA Briefing
It seems that everyone from Dave Ward of the Communications Workers' Union to CBI chief Digby Jones agrees that absenteeism has to be tackled. Yet recent surveys show that it is still one of the major problems facing human resources professionals in businesses across the UK. If everyone is agreed on the need to tackle it, what's the problem? Trevor Gibson reports
Author: Paul Daniels, partner, Russell Jones & Walker
Resource type: ELA Briefing
Advising on the treatment of a disabled employee on sickness absence is an important but vexed process for employment lawyers. The interplay between the statutory provisions in the Disability Discrimination Act 1995 and case law is complex; indeed, this subject could warrant quite a meaty book on its own. Paul Daniels gives some practical pointers on how to approach this thorny area
Author: Neil Russell, partner, BD Laddie; Adam Davis, barrister,2 Dyers Buildings
Resource type: ELA Briefing
The Proceeds of Crime Act 2002, which came into force on 24 February 2003, and the Money Laundering Regulations 2003 should be required reading for all employment lawyers. The legislation effectively asked lawyers to become unpaid government informants and, in turn, prosecuting authorities.
Author: Peter Schofield, EEF
Resource type: ELA Briefing
According to the Department of Trade and Industry in the leaflet sent to employers (which it took them two goes to get right), the Dispute Resolution procedures are as simple as one, two, three
Author: Peter Schofield, EEF
Resource type: ELA Briefing
Two aspects of the Employment Relations Act 2004 are already in force: the rights of trade union members not to be induced to turn their backs on the union and collective bargaining (the Wilson & Palmer sections) and the extension of the role of the companion in disciplinary and grievance proceedings.
Topics: Trade unions
Author: Peter Schofield, EEF
Resource type: ELA Briefing
That great token of personal freedom enjoyed by many young solicitors, the individual opt-out from the 48-hour week, is under attack. The draft amending Directive now under consideration in Brussels would limit its use to cases where it is permitted by collective or workforce agreement, unless there is no such agreement and no employee representatives empowered to conclude one.
Author: Peter Schofield, EEF
Resource type: ELA Briefing
The Court of Appeal has upheld the award of contractual damages, representing what a fair and rational employer would have paid, where an employer fails to make a discretionary payment to an employee.
Author: Christopher Camp, Hardwicke Building
Resource type: ELA Briefing
No one likes discrimination. Many of us would rather be known as, say, a fraudster than a racist. Yet in practice as employment lawyers, we operate as if accusing someone of discrimination is of no import; as if an accusation of discrimination is to be taken with a pinch of salt.
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