ELA Briefing

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Author: Rachael Wright, Osborne Clarke and Paul Daniels, Russell Jones & Walker
Rachel Wright and Paul Daniels recently attended, as ELA representatives, a Department for Trade and Industry (DTI) roundtable on employee status. ELA Briefing readers may recall that, earlier this year, the government released a discussion document seeking views on the potential effects of, and justification for, extending the current framework of statutory employment rights to those working people who may be currently excluded from them.
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Author: Paul Statham, Pattinson & Brewer Paul Statham had conduct of the dockworkers’ claims from the initial tribunal hearings to the European Court of Human Rights
The case of Wilson, Palmer & ors v The UK Government [2002] IRLR 568 stands as a landmark decision that may have wide-ranging ramifications for collective labour legislation in the United Kingdom. For the first time the European Court of Human Rights has upheld the claim by trade unions and their members that there has been an infringement of Article 11 of the European Charter of Human Rights. Paul Statham reports
Topics: Trade unions
Author: Catherine Taylor, Olswang
Much is currently being made in the press of the new right to request flexible working introduced by the Employment Act 2002. In particular, commentators have decided it will fuel a pay-off culture, even though the new right will in itself result in a maximum award to the employee of only £2,080 ( ie eight weeks’ pay at the weekly rate of £260). Catherine Taylor reports
Author: Sarah Gregory, partner and head of discrimination and Kate Temple, associate, Baker & McKenzie
The Employment Act 2002 enhances the right of employees to take maternity leave, and creates new rights to paternity and adoption leave. Most of the detail of these new and amended rights is set out in the Maternity and Parental Leave Regulations 2002, the Paternity and Adoption Leave Regulations 2002, and the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002. Sarah Gregory and Kate Temple report
Author: Charlotte Davies, McDermott, Will & Emery
The government at the end of January completed its consultation on its proposals for implementing the Race Directive (2000/43/EC) and the Framework Employment Directive (2000/78/EC). Once fully implemented, unfair treatment on the following grounds: race, sex, disability, sexual orientation, religion and belief, and age will be outlawed. Charlotte Davies considers.
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
I have commented in the past on the necessity to make it easier for clients to recognise a specialist employment lawyer. The issue has not been taken up with any enthusiasm to the great frustration of a number of individuals who have been pressing for a change.
Author: Stephen Levinson is a partner and head of employment law at Maclay Murray & Spens, London
The final version of the regulations to implement the flexible working rules has been published and comes into effect on 6 April 2003. There can be few better examples of over-regulating a halfhearted measure.
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