Termination/unfair dismissal/settlement agreements

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Author: C R Orchard Gales Solicitors
Resource type: ELA Briefing
I was concerned by Mr Jonathan Ashworth’s suggestion in Platform (ELA Briefing, April 2003) that costs ordinarily should follow the event if, in his judgment, the parties are unreasonable about compensation.
Author: Richard Samuel, 2 Gray’s Inn Square Chambers
Resource type: ELA Briefing
The implied term of trust and confidence was developing into a powerful provision in employment contracts, particularly when the Lords confirmed its existence and effect in Malik v BCCI [1998] AC 20 HL, where an employee was awarded damages for loss sustained by damage to his reputation arising from the employer’s misconduct.
Author: John Antell, Godolphin Chambers
Resource type: ELA Briefing
Whether there are any circumstances in which an agency worker can complain of unfair dismissal is a question that has been the subject of considerable debate. Two years ago the Court of Appeal in the case of Montgomery v Johnson Underwood Ltd [2001] IRLR 269 appeared to close the door on the possibility of an unfair dismissal claim against the agency
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: Clare Primett, Le Brasseur Davis Law Group
Resource type: ELA Briefing
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.
Author: Pauline Hughes, head of legal services, DRC and part-time chairman of the employment tribunals
Resource type: ELA Briefing
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
Resource type: ELA Briefing
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: Jonathan Ashworth, Park Lane Chambers, Leeds
Resource type: ELA Briefing
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: Emma Cross, Mace & Jones
Resource type: ELA Briefing
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
Show 471 - 479 of 479

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