Perfectly timed to wrap up in a stocking, the EAT has handed down the latest decision in the  Preston v Wolverhampton  saga of pension cases. The series of cases represent the largest litigation ever in an employment tribunal, involving roughly...

The Court of Appeal has handed down its decision in  Emerging Markets Partnership v Bachnak  (19th December 2003). It holds that where an 'employee' enters into two contracts with the 'employer', one (without any remuneration) in...

Section 109 of the Employment Rights Act 1996 provides that employees cannot clair dismissal if they are over the 'normal retirement age' (or, if there is no normal retirement age, 65). This section, commonly known as the upper qualifying limit, was...

The Court of Appeal has decided an important case on the scope of the  Data Protection Act 1998  and, in so doing, provides guidance on the extent to which employers are obliged to provide copies of employees' personnel files, Emails etc.. In...

New TUPE Cases Two new TUPE cases: one Court of Appeal, one Employment Appeal Tribunal. Alderson v Secretary of State for Trade & Industry (Court of Appeal, 8/12/03) A case of historical interest only: regulation 2(1) of TUPE used to define an...

A consultation paper has been issued in connection with revising ET procedu= res. The proposals arise primarily from the Employment Act 2002 and the Em= ployment Tribunal taskforce report. The key reforms proposed are:   the Rules of Procedure are to...

The annual increases in compensation have been published. They take effect from 1st February 2004 under the  Employment Rights (Increase of Limits) Order 2003. The main increases are: maximum compensatory award increased from £53,500 to...

The government has, this morning, introduced the  Employment Relations Bill  in the House of Commons. The Bill 'tweaks' the Employment Relations Act 1999, following the review that took place after the first three years of the Act's...

A keen reader has pointed out to me that I missed out the word 'Relations' = in the second sentence of the first paragraph below (aptly, she works for S= pecsavers). It should have said 'Employment Relations Act 1999', not 'Empl= oyment...

The Court of Appeal's long-awaited decision in  Harada Ltd (t/a Chequepoint) v Turner  has been handed down today (see bulletin 25/11/99 for earlier issues arising in this case). Harada challenged the tribunal's jurisdiction as the...

[An advertisement for freelance solicitors for Sherrards appears below] I rarely send out reminders about commencement dates, but since so much is = happening today (and tomorrow), I thought I would make an exception. The following are coming into force...

[An advertisement for employment lawyers for Abbey Legal Services in = Croydon appears below] These decisions have been placed on the EAT website this week. Appeal - Inadequate Reasons Bax Global Ltd v French (Lord Johnston, 20/10/03) This is an...

The European Commission DG Employment and Social Affairs Department has, today, launched a new website. According to the Press Release, it "brings together a wealth of legislation, documentation and publications on the subject of labour law and work...

The  Employment Tribunal Compensation for Loss of Pension Rights  booklet, 3rd edtn., is being published on Monday. It replaces the 2nd edition, published in 1991, which was criticised by the EAT in  Clancy v Cannock Chase Tech  [2001]...

The Court of Appeal has, today, handed down its judgment in  Colen & anor. v Cebrian (UK) Ltd. The case deals with whether a tribunal has jurisdiction to hear unfair and wrongful dismissal claims where the contract of employment is tainted with...

In a judgment handed down this morning, the House of Lords has referred the Celtec v Astley case to the ECJ. Facts Prior to 1990, vocational training and enterprise activities were managed by the Department of Education. In 1989, the government announced...

The Court of Appeal has handed down its decision in  Legal Services Commission v Yvonne Patterson , overturning the decision of the EAT. Ms Patterson is a sole practitioner whose firm is overwhelmingly (98%) made up of legal aid work. She...

COSTS Metropolitan Police v Logan (HHJ Serota, 31/10/02 and 20/9/03) The EAT's power to award costs includes cases where the receiving party's costs are being met by a trade union. The fact that a union is paying the bill does not offend the...

Further to my Email of yesterday (announcing the draft versions), the final version of ACAS's guides to sexual orientation discrimination, and to discrimination on grounds of religion/belief, have now been published. The links are: Sexual orientation ...

ACAS has, today, published draft guides on discrimination on: (a) sexual orientation discrimination; and, (b) discrimination on grounds of religion/belief. The guides are really, really good. They are not that long, and contain a comprehensive summary of...

[An advertisement for an employment lawyer at nicholasfrimond, Guildford, appears below] The DTI has produced a website summarising the anticipated changes (and implications) of the forthcoming statutory disciplinary and grievance procedur= es. Along with...

ACAS has today issued a revised guide to holiday and holiday pay. The web version (which rather embarrassingly claims at the top to be dated as of November 2003, but at the bottom as of April 2003). It provides the answers to (or guidance on) a number of...

The Department of Work and Pensions has published details of a survey on age discrimination in the workplace. According to the survey, despite legislation still being three years away, employers are beginning to take action to introduce appropriate policies...

The Department of Work and Pensions has published details of a survey on age discrimination in the workplace. According to the survey, despite legislation still being three years away, employers are beginning to take action to introduce appropriate policies...

(Thanks to Neil Russell of BD Laddie, and to Michael Simpson of Thompsons, for telling me the official guidance was out) On 26th August 2003, I gave advance notice of the Inland Revenue's intention to issue a formal statement on its attitude to...

(Thanks to Paul Troop, junior Counsel for Messrs Rutherford & Bentley, for sending me the summary below) The EAT has handed down its decision in  Secretary of State v Rutherford & Bentley  (previously  Rutherford v Harvest Town...

ACAS has launched a pilot mediation scheme. Help is available over the telephone, or an ACAS representative will visit the workplace and help employers and employees resolve their problems. They aim to visit the workplace within 5 working days of a request,...

[An advertisement for the forthcoming 2 Gray's Inn Square discrimination seminar appears below] Defer-Wyatt v Williams (EAT 24/7/03, HHJ Peter Clark) If an employee reasonably holds a mistaken belief as to the correct EDT (resulting in late submission...

[An advertisement for the forthcoming 2 Gray's Inn Square discrimination seminar appears below] Defer-Wyatt v Williams (EAT 24/7/03, HHJ Peter Clark) If an employee reasonably holds a mistaken belief as to the correct EDT (resulting in late submission...

The Disability Rights Commission is in the process of issuing two new Codes of Practice, to reflect changes to the Disability Discrimination Act 1995 which come into force next year. The draft Codes have been put out to consultation (until 30th November)....

The European Commission has produced a fascinating document on employment status across EU states. It has the snappy title: "Economically dependant / quasi-subordinate (parasubordinate) employment: legal, social and economic aspects" and comes...

[An advertisement for the forthcoming 2 Gray's Inn Square discrimination seminar appears below] The European Commission has produced a fascinating document on employment status across EU states. It has the snappy title: "Economically dependant /...

In the last half-hour, speaking at the TUC conference, CRE Chairman Trevor Phillips has promised to back any trade union which expels any member of the British National Party (BNP). Whilst this may be a morally commendable stance, one must query whether the...

In the last half-hour, speaking at the TUC conference, CRE Chairman Trevor Phillips has promised to back any trade union which expels any member of the British National Party (BNP). Daniel Barnett, barrister at 2 Gray's Inn Square Chambers, comments: ...

Thanks to Michal Stein of Nabarro Nathanson, and to Pat Stein of the DTI, for the following information] We have been awaiting the new TUPE regulations for some time. This is an update as to the current position (source: the DTI). draft Regulations will...

The following decisions have been placed on the EAT website in the last few days. Securiplan v Bademosi  (HHJ McMullen, 9th May 2003) A TUPE case, dealing with the issue of whether an employee was assigned to the part of the undertaking which...

The Employment Appeal Tribunal has held, in  North Essex Health Authority v Dr C David-John  (HHJ Levy, 15th August 2003) that GPs do not have a contractual relationship with the 'employing' Health Authority. Their obligations are...

[Thanks to John Bowers QC of Littleton Chambers, who acted for Kingston upon Hull City Council, for sending me the transcript of this decision] The Employment Appeal Tribunal has handed down its decision in  Kingston upon Hull City Council v...

Two recent decisions on costs in employment tribunals, both from the Employment Appeal Tribunal. First, in  Kingston upon Hull City Council v Dunnachie (no. 3)  (dealing principally with whether the Ogden Tables can be used in tribunals when...

Thanks to Neil Russell of B.D. Laddie, who is the leading authority on this issue, for keeping me informed of his communications with the Inland Revenue On 23rd May 2003, I sent out a bulletin concerning a disturbing new approach from the Inland...

An updated list of prescribed persons, made under s43F of the  Employment Rights Act 1996 , has been published. A worker cannot be dismissed, or subjected to a detriment, if he makes a qualifying disclosure (meaning a disclosure that tends to show a...

Since publication of a summary law report in the Daily Telegraph on 19th July, employment lawyers have been awaiting the transcript of the EAT's decision in  Virgin Net Ltd. v Harper  (HHJ Peter Clark, 9th July 2003). The case is authority...

Unless you're living on Mars, you will know the Employment Appeal Tribunal overturned the decision in  Kamlesh Bahl v The Law Society  last week. The judgment is 93 pages long, and makes for dull reading. But it is nevertheless worth...

Marshalls Clay v Caulfield (+ others) [Burton J., 24th July 2003] A series of five cases which considered the legality of 'rolled-up' holiday pay. The EAT identifies five typMarshalls Clay v Caulfield (+ others) [Burton J., 24th July 2003] A...

Marshall Specialist Vehicles Ltd v Osborne  [Burton J., 29th/30th April 2003] A case on when employees can claim constructive dismissal arising out of stress at workl. Ms Osborne resigned because of overwork, which led to a nervous breakdown. She...

I have updated my notes on the forthcoming disciplinary and grievance procedures which will become mandatory from October 2004. To view or download them, click here....

The following cases have just been placed on the EAT website. Frewin v Consignia plc  (HHJ Reid QC, 18/7/03) In this case, the EAT clarifies the tension between London Fire & Civil Defence Authority v Betty (1994) and Edwards v Governers of...

The following cases have just been placed on the EAT website. Frewin v Consignia plc  (HHJ Reid QC, 18/7/03) In this case, the EAT clarifies the tension between  London Fire & Civil Defence Authority v Betty (1994) and Edwards v...

The Court of Appeal has handed down its decision in  Logan v Commissioners of Customs & Excise.  The case is primarily concerned with submissions of 'no case to answer', in connection with which the majority of existing authorities...

The symbol ~ is used in phrases such as 's~x discrimination' to prevent this message being rejected by spam detectors] ACAS has published guidance to the new laws prohibiting discrimination on grounds of s~xual orientation, and on grounds of...

The DTI has placed forms on its website for employees and employers to use when making / granting / refusing requests for flexible working. It is not mandatory to use the forms, but they are useful to ensure that all the statutory requirements are met. They...

The revised Combined Code on Corporate Governance was issued by the Financial Reporting Council yesterday. It comes into force for reporting years beginning on or after 1st November 2003. The Code’s overall aim is to enhance board effectiveness and to...

[Thanks to Claire Birkinshaw of Abbey Legal Protection Ltd for telling me the annual report had been published.] The 2002/03 Employment Tribunal Service Annual Report has been published. Key statistics are: a 12% drop in the number of tribunal...

[A job advertisement for Gotelee & Goldsmith, Ipswich, appears below] The  National Minimum Wage (Tips) Bill  has been introduced in the House of Commons. Its purpose is to correct the anomaly, under the  National Minimum Wage...

ACAS has just published a new booklet setting out how different pay systems work, and giving guidance on how businesses should introduce new, and modify existing, pay systems. For a subject where a first reaction might be "isn't it obvious?",...

GOVERNMENT REVERSES SEX DISCRIMINATION LOOPHOLE 1. The government has published an amendment to the Sex Discrimination Act which closes an existing loophole. 2. Since a court decision in 2000, neither officers nor the chief constables of police forces...

The Equal Pay Act 1970 (Amendment) Regulations 2003 have just been published, and come into force on Saturday, 19th July 2003. Their main effect is to: • remove current provisions in Equal Pay Act 1970 s.2(5) under which compensation for breach is...

[Thanks to Charles Piggott of Mills & Reeve for telling me about these Regulations] The  Sex Discrimination Act 1975 (Amendment) Regulations 2003  have just been published, and come into force on Saturday, 19th July 2003. Unlike the...

[Thanks to Charles Piggott of Mills & Reeve for telling me about these Regulations] The  Sex Discrimination Act 1975 (Amendment) Regulations 2003  have just been published, and come into force on Saturday, 19th July 2003. Unlike the...

The following decisions have been placed on the EAT website recently. Billany v Knutsford Conservative Club (HHJ Birtles, 8th July 2003) An decision dealing with the 'employee / self-employed' distinction. Of interest is the EAT dealing with an...

The DTI has published the first draft of Regulations on the forthcoming mandatory disciplinary and grievance procedures introduced by the Employment Act 2002. They are due to come into force on 1st October 2004. For a summary of the relevant provisions of...

[An advertisement for an employment law LLM at Middlesex University Business School appears below] The government has issued its consultation document on the draft Regulations implementing the EU Information and Consultation Directive.  The...

The following decisions have been placed on the EAT website in the last 24 hours. Grattan plc v Hussain  (HHJ Burke, 1st July 2003) An important decision on conduct dismissals. The EAT emphasises the test is not whether further investigation might...

The Employment Appeal Tribunal, in  Riley-Williams v Argos Ltd , gives guidance for tribunals when deciding whether or not a dismissal is automatically unfair for not permitting an employee to take reasonable time off to sit as a magistrate. The main...

A consultation paper seeking views on legislation to prohibit age discrimination has been published by the DTI. The paper, entitled 'Age Matters', seeks views on: • the abolition of employers' mandatory retirement ages (dismissal at a...

The House of Lords has handed down its decision in the cases of  MacDonald v Advocate General for Scotland and Pearce v Mayfield School. The House of Lords resolved the two competing arguments as to whether homosexuals fall within...

Further to my earlier Email, the judgment is now available. It is a very short judgment. The House of Lords holds that there is a real possibility of bias where a Queen's Counsel appears as representative in front of a division of the EAT where he has...

I have just been told by John Bowers QC of Littleton Chambers that the House of Lords has overturned the Court of Appeal's decision in Lawal v Northen Spirit. This means that the well-known employment QCs who sit as recorders in the EAT are no...

The  Race Relations Act 1976 (Amendment) Regulations 2003  have been laid before parliament. If passed, they are due to come into force on 19th July 2003. The amendments are required under the  EC Racial Treatment Directive  of July...

Mansi & Mansi v Straw  (HHJ Birtles, 20/5/03) A short case which is authority for the proposition that tribunals are not obliged to make an award of compensation under regulation 11 of TUPE for failure to consult with affected employees. It is...

The long-awaited Part 3 of the Data Protection Code on Employment Practices, dealing with Monitoring at Work, has been issued. The four parts are: Part 1 - Recruitment and Training (see bulletin 14/3/02) Part 2 - Record Management (see bulletin 3/9/02)...

I have put together an archive for these bulletins. To access it, visit www.danielbarnett.co.uk/archive-index.html It is possible that excessive demand when this bulletin arrives may mean you cannot access the page (and, yes, sometimes I do live in the...

[A job advertisement for Thomas Eggar, Horsham, appears below] The following decisions of the Employment Appeal Tribunal have been placed on the EAT website today. Ogilvie v Neyrfor-Weir Ltd  (Burton P., 15/5/03) An interesting case where an oil...

As promised in my bulletin of 15th May, I now enclose the link for the  Dunnachie v Kingston upon Hull City Council  decision. There was also a summary of it in this morning's Times Law Reports. The bulletin of 15th May is reproduced below....

The Court of Appeal has handed down its decision in  The Post Office (Consignia plc) v Burkett. It is authority for the proposition that tribunals, when deciding whether an employer had reasonable grounds for its belief in misconduct, must set out...

In my bulletin of 23rd May 2003 ('Compromise Agreements - New Approach by Inland Revenue', reproduced below), I stated that the Revenue's new approach to compromise agreements might be out of date because of new wording in the  Income Tax ...

According to a report on Croner's Human Resource Centre website, the government has warned of yet further delay before the mandatory statutory dispute resolution procedures come into force. These procedures, which insert minimum disciplinary and...

The Income Tax (Earnings and Pensions) Bill, referred to in my bulletin dated 5/12/02, has now been enacted and is available on the internet. It is known, unsurprisingly, as the Income Tax (Earnings and Pensions) Act 2003. It came into force on 6th April...

The draft Disability Discrimination Act 1995 (Amendment) Regulations 2003 h ave been published on the Stationery Office website. On a quick glance, the snappily titled Regulations include some pretty wide-sweeping changes, including a change to the...

[A job advertisement for Whittles, Manchester, appears at the end of this bulletin] Chief Constable of Kent County Constabulary v Baskerville (HHJ McMullen, 14/4/03) ------------------------------------------------- Another decision on the mess created by...

[A job advertisement for Islington Law Centre appears at the end of this bulletin] Nottinghamshire Healthcare NHS Trust v Prison Officers' Association (&716 others) (Keith J., 4/4/03) An important decision dealing with the common practice of...

[An advertisement for the postgraduate certificate/diploma and LLM at the Robert Gordon University, Aberdeen appears at the end of this bulletin] Bamsey v Albion Engineering (HHJ Ansell, 27/3/03) -------------------------------------------------- Authority...

Another decision on agency workers (see bulletin 26/3/03) - this time from the Court of Appeal. It is authority for the proposition that an implied employment relationship may arise between 'temp worker' and the 'client' of the temp agency....

The new Equal Pay Questionnaire is available on the internet as a Word file. It is available from the Women & Equality Unit's website at http://www.wome= nandequalityunit.gov.uk/pay/update_question.htm...

[A job advertisement for Taylor Vinters appears at the end of this bulletin] The Scottish Court of Session (equivalent to the Court of Appeal) has handed down its decision in MPB Structures Ltd v Munro. It is authority for the proposition that it is...

[A job advertisement for Ashby Cohen solicitors appears at the end of this bulletin] The government has completed its consultation on harmonising commencement dates for employment legislation (see bulletins dated 16/10/02, 6/8/02 and 1= 6/5/02). In order...

The Employment Appeal Tribunal has handed down its decision in Barton v Investec, upholding Louise Barton's appeal from her unsuccessful employment tribunal case where she claimed the secretive culture of awarding bonuses in city institutions was...

An very important decision,  Lawson v Serco Ltd , has been handed down by the EAT (delivered 11th March 2003). The case is authority for the proposition that: (1) employment tribunals have jurisdiction to hear claims where the Respondent...

The Employment Appeal Tribunal's decision in  Dacas v Brook Street Bureau  (unreported, EAT/492/02, 11th December 2002)  has been placed on the EAT website. Mrs Dacas had been working as a temp cleaner, via the Brook Street Bureau, for...

An important decision,  Alamo Group v Tucker, has been handed down by the EAT, dealing with liability for failing to consult under regulations 10 and 11 of TUPE. Regulations 10 and 11 provide that a sum of up to 13 weeks' pay (not capped at...

The  Disability Discrimination (Blind and Partially Sighted People) Regulations 2003  have been laid before Parliament today. They provide that anybody who is blind or partially sighted (either certified as such by a consultant ophthalmologist,...

The Lord Chancellor's Department has today announced the creation of a unified tribunal service, which will swallow up the role of the Employment Tribunal Service. It is described in the LCD's press release as "The Greatest Shake-Up for 40...

On 27th February 2003, the House of Lords handed down its opinion in the important discrimination case  Shamoon v Chief Constable of the Royal Ulster Constabulary. The Facts Chief Inspector Shamoon worked in the traffic division of the Royal...

Last week the House of Lords handed down its opinion in  In re P (a minor) . This is authority for the propositions that: (a) the definition of 'trade dispute', when deciding whether a trade union has statutory immunity, should be widely...

Two new consultation documents have been issued in the last week... 1. Review of Employment Relations Act 1999 When the Act was passed, a review was promised after three years. This is it. The DTI has undertaken a review and finds that the union...

Lots been happening in employment law over the last week - sorry I haven't put updates out immediately. This Email deals with two EU developments. I am sending, simultaneously, an Email dealing with two new consultation documents. At some stage...

A request for help... I am putting together a seminar on Johnson v Unisys damages (for injury to feelings in unfair dismissal claims arising out of the dismissal). Would anyone who has argued the point be able to Email me to tell me (a) whether...

The DTI has put a redundancy calculator on its webpages. So the dilemma now is do we work it out manually, take the time to pull the paper 'ready reckoner' out a file, or take the time to log on to the DTI site? Personally, I still think manual...

In this month's Tax Bulletin, the Inland Revenue has produced new guidance for the tax treatment of payments in lieu of notice (PILONs). The issue arises where a contract of employment contains a right (but not obligation) for the employer to make a...

Following the consultation back in September 2001, the government has announced a period of further consultation. The long-awaited draft TUPE regulations are now being promised to us in "the first half of this year", with a view to consultation...

The Department for Work and Pensions has published a report on employment retention following the onset of sickness or disability. The report reveals: • every quarter, 2.6% of the workforce become disabled within the definition of the Disability...

Two new matters arising from the Employment Act 2002. 1. Flexible Working The government has published a basic and a detailed guide to flexible working, together with a set of forms to print off to use when requesting / granting / refusing flexible...

Some new EAT decisions, posted on the EAT website in the last week. London Borough of Hillingdon v Thomas (Ms Recorder Slade, 26/9/02) Hillingdon dismissed a senior personnel officer who had been caught accessing pornography on the internet at work. The...

The draft of the  Flexible Working (Eligibility, Complaints and Remedies) Regulations 2003  have been published. These are in addition to the  Flexible Working (Procedural Requirements) Regulations 2003 , which were summarised in the...