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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: Frederic Reynold QC, Anya Palmer, Old Square Chambers
Resource type: ELA Briefing
Does an employer repudiate a contract of employment when he acts in the honest but mistaken belief that his conduct is consistent with his contractual rights and obligations? Haberdashers Monmouth School for Girls v Turner throws this question into focus. Frederic Reynold QC and Anya Palmer report
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.
Author: Stephen Levinson, Manches LLP
Resource type: ELA Briefing
The language used by HH Judge McMullen QC in Voith Turbo Ltd v Stowe EAT 13.12.04 criticising the decision in Hardy v Polk (Leeds) Ltd [2004] IRLR 420 (Burton J) has caused much comment, some of which has escaped to print. Richard Linskell in his piece on the cases in this edition demurely refers to it as “rather blunt”.
Author: Alex Lock, Beachcroft Wansbroughs, Bristol
Resource type: ELA Briefing
Poor Molly Martin. Having worked for a number of years as a casual waitress for Just in Time Catering Ltd she announces to her employer that she is pregnant and informs the company that she will need more notice of the events she is due to waitress at. This will be difficult, she is told, and is advised that she should consider leaving sooner rather than later, as “her appearance might upset the clients”.
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