ELA Briefing

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Author: Tim Davies is a solicitor with Michelmores, Exeter, which represented the first respondent in Alamo and which also acted in Kerry
On 24 February 2003 the EAT handed down its decision in the case of Alamo Group (Europe) Ltd v Tucker (1) and Twose of Tiverton Ltd (2). In doing so, the EAT sought to resolve conflicting authorities on the issue of whether liability to pay compensation for a transferor’s failure to consult with employee representatives pursuant to regulations 10 and 11 TUPE, transfers to the transferee under regulation 5(2) TUPE. Tim Davies considers the implications
Topics: TUPE
Author: Thomas Linden, Matrix Chambers
It is not unusual in employment cases for the employer to seek to adduce evidence which has been obtained in circumstances that infringe the employee’s right to respect for his or her private life and correspondence under Article 8 of the Convention on Human Rights
Author: By Amanda McGurran, solicitor, Shadbolt & Co
Following the announcement by the Secretary of State for Defence, Geoff Hoon, of the call-up of 1,500 reservists for possible war against Iraq, the process of mobilisation is now under way. The call-up has a number of important employment law implications for employers.
Author: Pauline Hughes, head of legal services, DRC and part-time chairman of the employment tribunals
This article will focus on compensation for disability discrimination claims brought in the employment tribunals. Compensation for other types of DDA claim will be considered briefly at the end. Pauline Hughes reports
Author: Raymond Jeffers, Linklaters
At long last it looks as though we will have a revised TUPE. We can expect TUPE applying to more service contractor changes, new obligations upon employers to notify transferees of ongoing employment rights and special provisions in the context of insolvent businesses.
Topics: TUPE
Author: Raymond Jeffers, Linklaters
You will have read the draft regulations published alongside the government’s consultation document, Equality and Diversity: The Way Ahead and will recall that the published timetable is for regulations on sexual orientation, religion, sex, race and disability to be laid before parliament in spring 2003.
Author: Raymond Jeffers, Linklaters
Anyone who has had the unenviable task of seeking to calculate pension loss as part of an unfair dismissal compensatory award will probably have sought relief in the booklet produced in 1991 by a committee of tribunal chairmen.
Author: Raymond Jeffers, Linklaters
Credit where credit is due. I can thoroughly recommend the DTI Guide to Flexible Working: The Right to Request and the Duty to Consider. This guide can be downloaded from the DTI website and contains helpful forms, including a flexible working application form and a rejection form.
Author: Jonathan Ashworth, Park Lane Chambers, Leeds
In employment cases the issue of costs is often raised as an issue pre-litigation. It is used as a stick with which to attempt to settle cases, but is in reality a perceived threat not a real one. As a barrister acting for both sides, and a firm believer in the access to justice of all parties, it may be surprising that I am a firm advocate of costs orders.
Author: Clare Primett, Le Brasseur Davis Law Group
This publication topic area describes itself as “a crucial part of human resources management”. Managing Dismissals features case scenarios, precedent letters and agreements and the latest legislation and guidance published as at September 2002. Sex, race and disability discrimination fall outside the scope of the book.
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