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Author: Sam Whitaker is a senior associate at Freshfields Bruckhaus Deringer
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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.
Author: Fiona Bolton, Herbert Smith
Resource type: ELA Briefing
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: Tim Davies is a solicitor with Michelmores, Exeter, which represented the first respondent in Alamo and which also acted in Kerry
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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
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