ELA Briefing

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Author: Jill Kelly, Clarks, Reading
In this column last December, I asked whether the decision of the ECHR in Wilson & anor v UK [2002] IRLR 568 would result in radical change. The government’s response to this appears in its review of the Employment Relations Act 1999 (ELA Briefing, May 2003 Special feature).
Topics: Trade unions
Author: Oliver Britton, a solicitor in practice on his own account
When employees who are claiming unfair dismissal deliver a schedule of loss or, via ACAS, at least name their price, the chances of a settlement are substantially enhanced, if not brought to an early conclusion. Unfortunately, employees and their representatives often do not serve schedules until only a few days before the hearing.
Author: Jane Fraser, partner, Maclay Murray & Spens
Dudley Bower Building Services Ltd v (1) PC Lowe (2) WS Atkins Facilities Management Ltd (3) Serco Ltd (EAT 856/01) was heard by the EAT on 29 July 2002, with the decision promulgated on 18 February 2003. Jane Fraser reports
Topics: TUPE
Author: Sam Whitaker is a senior associate at Freshfields Bruckhaus Deringer
The EAT’s decision in Lawson v Serco Ltd (EAT/0018/02) will be of considerable importance to UK employers with overseas employees. The decision confirms that such employees have the right to bring unfair dismissal claims in UK tribunals. Sam Whitaker reports
Author: Joanne Dunlop is a pupil at Littleton Chambers
On 3 April 2003 the EAT (HHJ Ansell) handed down its decision in Barton v Investec Henderson Crosthwaite Securities Ltd. This is the first appellate consideration of the effect of s.63A of the Sex Discrimination Act (SDA) on how tribunals should analyse allegations of unfavourable treatment.
Author: Alison Wetherfield and Philip Davies, McDermott Will & Emery
When the Equal Pay (Questions and Replies) Order 2003/722 came into force on 6 April 2003 individuals became able to use the new Equal Pay Questionnaire to find out how their colleagues’ pay was set. This is private information which both those colleagues and many employers might prefer to keep confidential. Alison Wetherfield and Philip Davies report
Author: Paul Statham, Pattinson & Brewer
The long-awaited review of the Employment Relations Act 1999 (ERA) has finally been published. Although it adopts a rather complacent and self-satisfied tone in respect of the operation of the Act in its first couple of years, there are proposals for legislative change within its 100 odd pages that could be significant.
Topics: Trade unions
Author: Tony Hyams-Parish Rawlison Butler
April 2003 saw the implementation of a number of so called ‘family friendly’ laws. New rights to take paternity and adoption leave and the right to request flexible working, as well as changes to maternity rules, have been introduced under the Employment Act 2002. New regulations extending the questionnaire procedure to equal pay claims also came into force at the same time.
Author: Tony Hyams-Parish Rawlison Butler
In Dacas v Brook Street Bureau (UK) Ltd (EAT/492/02), Mrs Dacas had been working as a temporary cleaner, via the Brook Street Bureau, for Wandsworth Council for six years. Her contract was terminated summarily which she then challenged in the Employment Tribunal on the grounds that she had been unfairly dismissed under the ERA 1996.
Topics:
Author: Tony Hyams-Parish Rawlison Butler
Recruitment agencies and employers generally will no doubt be pleased with the recent opinion delivered by the Advocate General in the equal pay case Allonby v Accrington & Rossingdale College and Others.
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