Posted on
02-03-09
In this month’s review we look at the controversial decision in Stringer -v- HMRC which will reshape the law on holiday for employees on sickness absence; review the upcoming amendments to the Employment Tribunal’s Rules of Procedure; we examine the principle of ‘double recovery’ in the context of a constructive dismissal claim; a clarification of the requirements an employer must fulfil to rely on the statutory defence to a claim for failure to make reasonable adjustments in a disability case and a reminder to check your spelling!
Kay Greig
Posted on
02-02-09
Case Law Update
In this month’s Review we give details of two recent decisions which have reinforced the protection of rights if individuals can show they have been subject to harassment or discrimination on the grounds of sexual orientation; a link to a consultation on revisions to the 2003 Code of Practice; time off for trade union duties and activities; a case involving a resignation in the heat of the moment; when length of service pay criteria must be justified for equal pay; MEPs vote against working time opt-out and the new figures for calculating redundancy payments and compensation for unfair dismissal.
Posted on
20-01-09
A SICKENING DEVELOPMENT FOR EMPLOYERS?
The ECJ has today delivered its opinion in the case of Stringer v HMRC (formerly Ainsworth).
Posted on
12-11-08
In this issue, we look at the much anticipated Opinion of the Advocate General in the Heyday case; consider how bonus schemes can be discriminatory when they are not regularly assessed on their effectiveness; discuss how employers should be careful when wording adverts to avoid age discrimination claims; and review the Information Commissioner’s ruling that identities of Respondents in tribunal cases should be made public.
Posted on
15-09-08
Welcome to this month’s Employment Review, presented by Hanif Lula. He is an employment and immigration solicitor in our Manchester office and advises and provides representation on the full range of immigration issues in addition to dealing with employment issues and disputes.
The Manchester office recently moved in to larger offices within the same building and are expanding in all areas including employment and general litigation. We now have two new departments, a corporate and a minerals law department.
This edition of the Review considers the issues of ‘associated disability discrimination’, equal pay claims and immigration law problems faced by employers. We also provide a case law update on statutory dismissal, sex discrimination and harassment based on age.
Posted on
11-08-08
In this month’s update (produced by Rena Magdani, pictured) we consider what is potentially one of the most important disability discrimination cases of recent years. We also consider further case law on the application of the statutory dispute resolution procedures, a high court decision that clarifies when the right to place an employee on garden leave can be implied in the absence of an express contractual term and details of a proposed review of ‘no win no fee’ arrangements.
Posted on
23-06-08
In this Review, Vanessa DiCuffa (pictured above) looks at new rights which will be given to Agency Workers and also the draft code of practice published by ACAS on discipline and grievance which will form part of the proposed changes to employment law including the repeal of the statutory dismissal and grievance procedures. With ever increasing numbers of staff signed off work with depression, the Review looks at ACAS guidance on how to spot and deal with this issue in the workplace.
Cases concerning employment liability for suicide, sick pay during maternity leave and striking out defences to claims where employers intimidate claimants are also featured.
Posted on
13-05-08
This month’s Review, edited by Sarah Gonem (pictured below), focuses on new legislation and changes that came in on 6 April 2008, including changes to the Sex Discrimination Act 1975, the Information and Consultation with Employees Regulations 2004 and the new Corporate Manslaughter and Corporate Homicide Act 2007.
