ELA Briefing

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Author: Christopher Fisher is a partner in the employment group of Mayer Brown Rowe & Maw LLP
Decisions by the Court of Appeal on the enforceability of post-termination restrictive covenants are uncommon. The case of Arbuthnot Fund Managers Ltd v Rawlings [2003] EWCA Civ 518 is of interest, both in terms of how closely courts will examine the enforceability of covenants at the interim injunction stage and how far they will narrow the scope of covenants without striking them down completely.
Author: Charlotte Davies, McDermott Will & Emery
Is an employment tribunal entitled to award damages for non-economic loss in an unfair dismissal claim? This question has been answered by Dunnachie v Kingston upon Hull City Council joined with Williams v Southampton Institute and Dawson v Stonham Housing Association EAT/0725/02/RN. Charlotte Davies reports
Author: Brian Palmer, deputy head of the employment & pensions unit, Charles Russell
Handsome pay-offs to directors are often controversial, particularly where supposed “fat cats” are seen to receive large payments on the termination of their employment despite the business performing poorly. But lucrative golden handshakes may soon be a thing of the past. Brian Palmer reports
Author: Barry Clarke and Clive Howard, Russell Jones & Walker
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
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: Joanne Owers is a partner at Charles Russell
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
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
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.
Author: John Evans
ELA international committee members Belinda Avery, John Evans, Stephen Levinson and Fraser Younson visited the European Commission for a day in early May. In the morning they met members of the employment directorate with responsibility for various draft directives and initiatives.
Author: Henry Clinton-Davis, head of the employment & HR team and Cerys Williams, associate, at Hale and Dorr, London
In Lawson v Serco Ltd (EAT/0018/02) (ELA Briefing, May 2003), the EAT held that employment tribunals have jurisdiction to hear unfair dismissal claims from employees based overseas, simply on the grounds that the employer carries on business in the UK
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