ELA Briefing

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Author: Fiona Bolton, Herbert Smith
Serving an originating application ought to be straightforward, even where the respondent is resident overseas. However, a close examination of the relevant rules by a recent Stratford Tribunal has indicated that many tribunals may be getting it wrong. Fiona Bolton reports
Author: Emma Cross, Mace & Jones
The difficult task of estimating the level of compensation in discrimination claims has long been a source of complaint from employment practitioners. But the task has been simplified greatly by the Court of Appeal’s recent guidance in Vento v The Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871. Emma Cross reports
Author: Melanie Russell, Olswang
It has already been widely reported that the Court of Appeal judgment in the case of McCabe v Cornwall County Council & ors [2002] EWCA Civ 1887 considered the cases of Johnson v Unisys Ltd [2001] ICR 480, Gogay v Hertfordshire County Council [2000] IRLR 703 and Eastwood & anor v Magnox Electric plc [2002] IRLR 447 to try to clarify when damages will be available to employees for the manner of their dismissal.
Author: Melanie Russell, Olswang
Employment lawyers advising on the terms of appointment of non-executive directors (NEDs) of listed companies should now have almost digested the contents of Derek Higgs’ report, which was published in January. It is likely to be adopted as part of the Combined Code and will apply to reporting years from 1 July 2003 onwards.
Author: Melanie Russell, Olswang
The Employment Appeals Tribunal recently had its first chance to consider the rules (set out in ss.57A and B Employment Rights Act 1996) governing employees’ rights to take time off to assist dependants, in the case of Qua v John Ford Morrison Solicitors (EAT/884/01).
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
As the Lord Chancellor Derry Irvine now knows pay is a sensitive issue. But payoffs on termination following poor performance are super-sensitive. Huge payments to directors who are perceived to have failed give journalists countless opportunities to bemoan the injustice of it all.
Author: Sean Nesbitt, partner and Kellie McCormack, professional support assistant, employment & pensions department, Taylor Wessing
Personal relationships in the workplace are in the news again – as the article on sex discrimination comparators shows on page 27. The case highlights a common preoccupation among employers: what happens if our staff have relationships and it all goes wrong? Employers may also be concerned about the potential for abuses of workplace authority, favouritism and perceptions of unfairness during employment.
Author: James Baker, MacFarlanes
In Scotts Company (UK) Ltd v Mr J Budd (19 September 2002) EAT 823/01 the Employment Appeals Tribunal considered, for the first time, the interpretation of ss.87 and 88 Employment Rights Act 1996 (ERA). James Baker reports
Author: John Bowers QC, Littleton Chambers Elizabeth Rivers, independent mediator
In her September/October 2002 ELA Briefing editorial, Suzanne McKie expressed the view that mediators in employment law cases should be employment law practitioners to give confidence to the lay clients taking part. John Bowers QC and Elizabeth Rivers, a solicitor, who are both CEDR registered mediators and mediators for the Workplace Mediation Project with significant experience of mediating employment law disputes, respond here to her editorial.
Topics: ADR
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
The new boss of the Employment Appeal Tribunal likes to get things done. Within a short time of his appointment Mr Justice Burton issued a new practice direction to improve procedures and reduce the backlog of cases. Many of the changes are designed to remove some of the tasks of EAT staff and impose extra burdens on litigants. On balance, if the changes result in less delay, that may be a fair trade. The new direction is now in force.
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