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Consultation Paper on Young Workers

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The partial opt-outs from the  Young Workers Directive , adopted by the UK in 1998, ended in June 2000. The government is now consulting on how to implement the remaining provisions of the Directive into UK law. Younh workers are defined as being over...

Service Ban on Homosexuals to be removed

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According to an article in today's Times reporting an interview with Geof Hoon, the Defence Secretary, the armed services are to lift the ban on homosexuals serving next month. A new code of conduct will be published in January concerning behaviour...

Working Parents: Government reveals Green Paper

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The government has, today, issued its proposals for Working Parents, in a document entitled "Work and Parents: Competitiveness and Choice". A consultation paper will be issued within the next 3 weeks, to enable people to state which of the...

Equal Treatment Framework Directive

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Published at last! The English version of the Equal Treatment Framework Directive 2000 is now available, and is attached to this Email (128K - sorry about the length!) in .pdf format. You need Adobe Acrobat to read it. The main points are: 1) The UK must...

Equal Treatment Framework Directive

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Employment Law (UK) List -  http://www.danielbarnett.co.uk   I've had two Emails telling me that the Directive, attached to my last bulletin, was corrupted. If anyone can't access it, it can be downloaded from: ...

New Guide on Parental Leave

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A  guide to maternity and parental leave rights, which apparently includes a section on time off for emergencies, has been launched today by the DfEE. The guide is aimed primarily at small businesses. According to the DfEE press release, the guide can...

TUC Survey on Safety at Work

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CONTENTS 1. TUC Survey on Safety at Work 2000 - stress at work major factor 2. New EAT decision ________________________________________ 1. TUC Survey on Safety at Work 2000 This is an annual survey published by the TUC, after interviewing 9,000...

Age Discrimination / New EAT decisions

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CONTENTS 1. Age Discrimination - Awards of Excellence for Age Awareness 2. New EAT decisions ________________________________________ 1. Age Discrimination - Awards of Excellence for Age Awareness Margaret Hodge, Employment and Equal Opportunities...

ET costs increase to £10,000

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As leaked to this morning's Daily Telegraph(!), at midday the DTI formally announced the proposed new changes to Employment Tribunal powers. The main changes, which are expected to come into force in early Spring 2001, are: • an increase in the...

New ACAS Arbitration Scheme

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The DTI announced today that ACAS is introducing a new arbitration scheme, for  unfair dismissal  claims only. It will provide a cheap(!) and informal alternative to tribunal hearings. One advantage is that the arbitration is  confidential ,...

Guide for Employees taking Industrial Action

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The DTI has today published a guide for employees / trade union members who are considering taking industrial action. Entitled 'Industrial Action and the Law (PL869 REV4), it can be downloaded from http://www.dti.gov.uk/er/union/employees-pl869.htm...

Legal Aid Available for ETs in Scotland

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According to an article in  The Scotsman (20.11.00) , the Scottish executive has made legal aid available for bringing claims in employment tribunals. This is regarded as a 'pre-emptive strike' in view of the current claims being brought in...

TUC calls for Email Code at Work

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The TUC and the Industrial Society are, at today's (Friday's) TUC Conference on Human Rights, calling on employers to sit down with unions and draw up Codes of Practice for their staff on Email usage. They have jointly produced a set of guidelines of...

Responses to Tribunal Review consultation

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Yesterday the Lord Chancellor's Department published the results of the responses to the Tribunal Review consultation. Sir Andrew Leggatt, heading the Review team (see bulletin 18/5/00), is due to report to the Lord Chancellor by April 2001. The...

Various matters

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CONTENTS 1. Whistleblowing case 2. Anti-Discrimination Directive 3. Advertisement - CPD service ________________________________________ 1. Whistleblowing Case John Bowers QC of Littleton Chambers has sent me a transcript of an employment tribunal...

Phone Tapping

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Rumour has it that my previous bulletin demonstrated quite how complicated employment law has become - being a mass of unreadable garbage! What it should have contained was the text of the  Telecommunications (Lawful Business Practice)(Interception of...

New Regulations on Email and Telephone Monitoring

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The  Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000  have been published under the Regulation of Investigatory Powers Act 2000. Apart from having an impressive title, the Regualations set out...

Company Directors and Doctors' Working Hours

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CONTENTS 1. Minimum wage and company directors 2. ECJ Decision - Doctors' maximum working hours ________________________________________ 1. Minimum Wage and Company Directors An Inland Revenue agreed guidance note on the impact of the minimum...

Discrimination against Gays now Unlawful

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The transcript of  MacDonald v Ministry of Defence  (EAT, 17th September 2000) has just been published. The EAT has  departed from  previous authorities which hold that discrimination against homosexuals does not fall within the Sex...

Human Rights Act [autoreply 021000]

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Just in case anyone has missed it, the  Human Rights Act 1998  comes into force today. Copies are available of my article 'Employment Law and Human Rights', which was published in ELA Briefing in March 2000, on my website . Alternatively,...

Minimum Wage

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CONTENTS 1. TIGER - the minimum wage website 2. Recent EAT Decisions ________________________________________ 1. TIGER - the Minimum Wage website The DTI has today (Friday) launched 'TIGER' (Tailored Interactive Guidance on Employment...

No further employment legislation

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The government appears to have confirmed that no further employment legislation is planned during this parliament. I reproduce the press release (issued because of the fuel crisis) below: ...

New statutory instrument

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CONTENTS 1. New statutory instruments 2. ET decision in Virdi v Metropolitan Police ________________________________________ 1. New Statutory Instruments Three new statutory instruments published today, none of which are likely to make anyone faint...

Annual Survey of Discrimination Awards

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The Equal Opportunities Review has this morning published its annual survey of discrimination awards. The full text of the press release appears below. [Text of press release follows]   RACE BIAS AWARDS UP 65%   Compensation awarded by...

Government reviews on balancing home and work

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CONTENTS 1. Department for Education and Employment - Creating a Work-Life Balance 2. Department of Trade and Industry - Support for Working Parents 3. Recent EAT Decisions 4. Advertisement - Employment vacancy at Liberty ...

Reminder - new right to be accompanied commences today

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A quick reminder: the new right to be accompanied in disciplinary and grievance procedures comes into force today. Also coming into force today is the revised ACAS Code on disciplinary and grievance procedures in the workforce. For a copy, go...

New EAT cases

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Not much happens in August - just a few new EAT cases of interest... These cases are unreported (although some may be reported in due course). All transcripts can be found at http://wood.ccta.gov.uk/eat/eatjudgments.nsf. Barnes Thomas & Co...

General Update

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CONTENTS 1. DTI Consultation - Work and Parents 2. TUC on the lookout for the next workplace plague 3. Recent EAT Decisions 4. Advertisement ________________________________________ 1. DTI Consultation - Work and Parents A couple of months ago, the...

Midland Bank v Madden - C of A result

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I have received the following message from David Reade, Counsel for the employee in  Foley v Post Office  (which was heard at the same time as  Midland Bank v Madden ). He tells me that no written decision is yet available, but that the Court...

Waters v Police - H oh L judgment

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The House of Lords handed down its opinion yesterday (27th July 2000) in Waters v Commissioner of Police for the Metropolis. FACTS Ms Waters was a police officer. She alleged she was raped and buggered by a fellow police officer. Her complaint about...

EC Directive on Combating Disctimination on Grouds of Racial and Ethnic Origin

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The EC Directive on Combating Disctimination on the Grouds of Racial and Ethnic Origin (in, inter alia, employment) was promulgated on 29th June 2000 and published in the Official Journal of the European Communities on 19th July 2000. A copy is attached to...

H of L abolished Advocates' Immunity from Suit

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Not strictly employment, but sufficiently of interest to everyone... The House of Lords has just handed down judgment abolishing advocates' immunity from claims of negligence in civil proceedings. In  Arthur J.S. Hall v Simons (and conjoined...

New TUPE Decision

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Adam Creme, head of the Employment Rights Unit at UNISON, has sent me the transcript of an important TUPE decision, handed down by the EAT on 28th June 2000. In  RCO Support Services v UNISON (+ others) , the Aintree Hospitals NHS Trust decided...

Part Time Workers Regs

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Employment Law (UK) List -  http://www.danielbarnett.co.uk  A quick reminder: the  Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000  come into force today....

Industrial Action Code of Practice and C of A decision [auto260600]

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CONTENTS 1. Revised Code of Practice on Industrial Action Ballots and Notice to Employers 2. Reference to ECJ - Lawrence v Regent Office Care Ltd. ________________________________________ 1. Revised Code of Practice on Industrial Action Ballots and...

New Decisions

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CONTENTS 1. Court of Appeal - East Riding of Yorkshire Council v Gibson 2. Recent EAT Decisions ________________________________________ 1. Court of Appeal - East Riding of Yorkshire Council v Gibson The Court of Appeal has this morning handed down...

Recent EAT Decisions

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These cases are unreported (although some may be reported in due course). All transcripts can be found at http://wood.ccta.gov.uk/eat/eatjudgments.nsf. Reid v Foxbar Hotel  [9.6.2000, Lord Johnston]  The Applicant was subjected to acts of...

Part Time Workers [auto 170600]

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Copies are available of my recent article in Employment Lawyer issue 45 (CCH Croner), published yesterday, on the new Part Time Workers Regulations (which come into force on 1st July 2000). If anyone would like a copy (Word for Windows format, 37K),...

Further Trade Union S.I.s [auto 160600]

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Some further statutory instruments have been published in connection with the new union recognition procedure, which came into force on 6th June. They are: • The Recognition and Derecognition Ballots (Qualified Persons) Order 2000 [SI 2000/1306] •...

ECJ Judgment - Allen v Amalgamated Construction

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The ECJ held on 2nd December in  Allen v Amalgamated Construction  that the Acquired Rights Directive applies to transfers of undertakings between companies which are members of the same group. A transcript can be obtained from the ECJ web-site...

ACAS Code on Disciplinary and Grievance Procedures

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The ACAS Code on Disciplinary and Grievance Procedures (which also covers the new statutory right to be accompanied at disciplinary and grievance meetings) has now been re-published following the extensive consultation period which took place between 24th...

Trade Union Recognition Documents

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TRADE UNION RECOGNITION PROCEDURE BEGINS The statutory procedure for trade union recognition comes into force tomorrow 6 June. Welcoming these provisions, Alan Johnson, Minister for Competitiveness, said: "This legislation is a further important step...

Trade Union Recognition + other matters

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CONTENTS 1. Compulsory Trade Union Recognition - 6th June 2000 2. Bernadone v Pall Mall (Court of Appeal) 3. Recent EAT Decisions 4. Advertisement - Employment Law Service by CCH.NewLaw ________________________________________ 1. Compulsory Trade Union...

[Employment Law List (1) Parental Leave referred to ECJ (2) Legal Aid in ETs

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CONTENTS 1. TUC Parental Leave case referred to ECJ 2. Test case - legal aid in employment tribunals 3. Concise Law News ________________________________________ 1. TUC Parental Leave case referred to ECJ As subscribers will know, last week the High...

Review of Tribunal System announced by Lord Chancellor

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In his keynote address this morning to the Council of Tribunals' conference, the Lord Chancellor announced a wide-ranging review of the tribunal system in the UK. The review will be undertaken by Sir Andrew Legatt, assisted by a named panel of expert...

ECJ Pension Decision - further message

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CONTENTS 1. ECJ Decision - Part-Timers Pensions (Preston v Wolverhampton) 2. Trivia - Dutch court rules workers entitled to smoke-free conditions 3. More EAT decisions 4. Correction of previous bulletin ________________________________________   ...

ECJ Pension Decision + general updates

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CONTENTS 1. ECJ Decision - Part-Timers Pensions (Preston v Wolverhampton) 2. Trivia - Dutch court rules workers entitled to smoke-free conditions 3. More EAT decisions 4. Correction of previous bulletin ________________________________________   ...

H of L Decision - Taylor v secretary of State for Scotland

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The House of Lords has this morning (Thurs) handed down its opinion in  Taylor v Secretary of State for Scotland , upholding the Court of Appeal's decision. It held that on a proper construction of a prison officer's contract of employment,...

Consultation Paper on Equal Pay

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The government announced a consultation paper today (yes, another one!) on methods to speed up equal pay claims. The  procedural  proposals include: • shortening the rules on how tribunals deal with equal pay cases; • helping tribunals...

New Anti-Discrimination Code

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Subscribers will be aware that Part III of the Disability Discrimination Act 1995 comes into force on 1st October 2004. Part III requires businesses, and other providers of services, to take reasonable steps to (inter alia) enable access to their premises by...

General Update and EAT cases

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CONTENTS 1. Commencement dates 2. Procedure - Wrongful Dismissal Claims 3. New EAT Decisions ________________________________________ 1. Commencement Dates The government has set a target date of 6th June 2000 for implementation of the new Trade Union...

Part Time Workers Regulations 2000

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They're out!!!  The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000  have been published. They come into force on 1st July 2000, giving us the promised 8 weeks to get to grips with them. A brief summary is as...

Employent Law topics in Internet Newsletter for Lawyers

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There are several articles of interest for Employment Lawyers in the May/June issue of the Internet Newsletter for Lawyers - and also a very special introductory offer (see end of the email for this). Here are the main stories: 1. The British and Irish...

Part Time Workers Regulations 2000

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They're out!!!  The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000  have been published. They come into force on 1st July 2000, giving us the promised 8 weeks to get to grips with them. A brief summary is as...

TUC call for legislation protecting gay workers

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The TUC has today issued a report, entitled 'Straight Up!', calling for legislation to protect lesbian and gay workers. The report is well-argued, calling on anecdotal evidence, surveys and legal argument. For a copy of the report (in plain text...

Catch-Up News

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Apologies for the lack of bulletins over the last two weeks - I have been on holiday! This bulletin is in the nature of a 'catch-up', containing three miscellaneous items of general information. 1. Launch of ELA website ELA has launched a website...

Holiday Pay when Sick

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Employers commonly ask whether it is mandatory to pay holiday pay under the WTR 1998 to an employee who is on long-term sick (and either receiving just SSP or nothing at all). An robust answer has now been provided, albeit at 1st-instance only (Birmingham...

New EAT to sit in Cardiff

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The Employment Appeal Tribunal is to open a division sitting in Wales. It will open in Cardiff on 28th March 2000. The presiding judge (who will speak Welsh!) will be announced shortly....

Harris v Lewisham & Guys Mental Health Trust

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The Court of Appeal handed down its decision on Friday 23rd March in  Harris (personal representative of Andrews) v Lewisham & Guy's Mental Health Trust. A copy of the decision is attached (HTML format). Issue Do claims under the RRA 1976...

Heil v Rankin

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No increase in damages for injury to feelings The 5-man Court of Appeal (presided over by Woolf MR) handed down its decision this morning in Heil v Rankin (+ associated appeals). There is to be no increase in general damages (contrary to the recent...

EOC Guides on gender differences in the workplace

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The EOC yesterday published three guides, which can be downloaded from http://www.eoc.org.uk/html/women___men_in_britain.html, on the following topics: Pay and Income (pdf 224Kb) examines levels and sources of male and female income and...

More EAT Decisions

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For information purposes: the Employment Law (UK) mail list reached its 1000th subscriber earlier this week! The following decisions have been placed on the EAT website today. The transcripts can be downloaded...

Range of reasonble responses

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Yet a further twist in the tale of Haddon v Van den Burgh Foods... Van den Burgh Foods received permission to appeal from the Court of Appeal. Rumour has it (my source has asked to remain unidentified!) that Mummery LJ said, during the leave hearing, that...

Recent EAT decisions...

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The following decisions have been placed on the EAT website recently. The transcripts can be downloaded from http://wood.ccta.gov.uk/eat/eatjudgments.nsf Readers will already have received details of last week's decision in  Midland Bank v...

EAT changes its mind

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The Employment Appeal Tribunal has departed from its previous decision in Haddon v Van Den Burgh Foods - the case that purported to abolish the range of reasonable responses test. In  Midland Bank v Madden  [EAT, 7th March 2000, Lindsay J....

Chair of Central Arbitration Committee announced

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CONTENTS 1. Central Arbitration Committee 2. EC Directive Prohibiting Discrimination 1. Central Arbitration Committee The Chairman of the Central Arbitration Committee, which is to arbitrate in trade union disputes under the Employment Relations Act 1999,...

SEYMOUR-SMITH RESULT

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The House of Lords delivered its opinion yesterday in Seymour-Smith. The majority (Lords Nicholls, Goff and Jauncey) held that the increase in the qualification period for claiming unfair dismissal from one year to two years in 1985 DID have the effect that...

Age Discrimination

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The government has launched a media campaign to combat age discrimination in the workplace, based upon raising the profile of the recent (non-statutory) Code of Practice on Age Diversity in Employment (issued on 16th June 1999 - see bulletin of that date). ...

Consultation Document on Compulsory Trade Union Recognition

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The government has published its consultation document on two aspects of compulsory recognition of trades union following a workplace ballot (to be brought in shortly under the Employment Relations Act 1999). The consultation document is attached to this...

H of L decision in Glasgow City Council v Marshall

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The House of Lords handed down its opinion last week in  Glasgow City Council v Marshall. Issue Whether the equality clause imposed under the Equal Pay Act 1970 can operate in the absence of evidence of sex discrimination. Facts The Respondent is...

Race Relations Bill / new EAT Decisions

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CONTENTS 1. Race Relations (Amendment) Bill - government announces will include bar on indirect discrimination 2. New EAT decisions 3. Advertisement 1. RACE RELATIONS (AMENDMENT) BILL The government has announced this afternoon that it will table an...

New ACAS Code on Disciplinary and Grievance Procedures [autoreply 250199]

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Employment Law (UK) List -  http://www.danielbarnett.co.uk   ACAS has issued a new draft Code on Disciplinary and Grievance Procedures. It is contained in a consultation document - responses due by 24th March 2000. You can obtain a copy of the...

Part Time Workers - Consultation Paper

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Stephen Byers, Secretary of State for Trade and Industry, has just unveiled the long-awaited consultation paper dealing with part-time workers, pursuant to the EC Directive on Part Time Work (which is due to be implemented by member states by 7th April...

Homosexuals in Armed Forces and EAT decisions

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CONTENTS 1. Homosexuals in the armed forces 2. EAT decisions 1. Homosexuals in the Armed Forces As reported on 13th December (see bulletin of that date), the government has now published its code of conduct relating to homosexuals in the armed forces. ...

General news

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CONTENTS OF THIS BULLETIN 1) Staff transfers in the public sector 2) Minimum wage frozen 3) Some light relief... 4) Ramesh Maharaj's employment law summary (attached) 1. Staff Transfers in the Public Sector The Cabinet Office has issued a 26-page...