Services
People
News and Events
Other
Blogs

Employment Relations Act 2004

  • Posted

Further provisions of the Employment Relations Act 2004 come into force today (31st December). These provisions allow trade unions to expel members who have extreme political views which conflict with the rules or objectives of the union. Also coming into...

Consultation on Definition of Disability

  • Posted

The Disability Discrimination Bill is currently undergoing its second reading in the House of Lords (see bulletin 6/12/04). Whilst the Bill is mainly concerned with matters relating to issues outside the employment relationship, it involves an extension to...

EAT Conciliation Protocol

  • Posted

The EAT Conciliation Protocol has now been placed on the EAT website (see bulletin 10/12/04, below). At the time of writing, the 2004 Practice Direction, which came into force last week, is still awaited. EAT Conciliation Protocol ...

Rolled Up Holiday Pay 3

  • Posted

This old chestnut is back. In a series of conjoined appeals, under the lead case Smith v Morrisroes & Sons, the Employment Appeal Tribunal has clarified earlier guidance on rolled-up holiday pay. The law is currently set out in the Court of Appeal's...

Clementi Report issued

  • Posted

Nothing to do with employment law as such, but of great importance to lawyers generally... Sir David Clementi has just published his report. It is extremely long. The key recommendations, which he urges the government to legislate upon, are: allowing...

Information - Commissioners Code of Practice

  • Posted

The Information Commissioner has just published part 4 of the Employer's Code of Practice on Data Protection. Part 4 deals with keeping records on workers' health. It is the final part, and follows on from: - Part 1: Recruitment and Selection -...

Age Discrimination - Retirement Proposals Published

  • Posted

The DTI has published its post- age discrimination retirement plans. Main proposals: - the default retirement age of 65 will be maintained, but with employees having a right to request to work beyond 65 which employers must seriously consider (oh please -...

Age Discrimination - Retirement Proposals Published

  • Posted

The DTI has published its post- age discrimination retirement plans. Main proposals: - the default retirement age of 65 will be maintained, but with employees having a right to request to work beyond 65 which employers must seriously consider (oh please -...

Pensions Report

  • Posted

The Employer TaskForce on Pensions, chaired by Sir Peter Davis, has just published its report and recommendations into the pension industry. Note that this report was commissioned by the Department for Work and Pensions. It is a DIFFERENT report from the...

New EAT Practice Direction

  • Posted

Yesterday, the EAT handed down a new Practice Direction which came IMMEDIATELY into force (9th December 2004). It is broadly similar to the December 2002 Practice Direction, which it replaces, but is updated to reflect the new EAT Rules of Procedure. The...

Definition of Disability

  • Posted

The Disability Discrimination Bill has been laid before the House of Lords. Amongst other things of no interest to employment lawyers, it amends the Disability Discrimination Act 1995 to change the meaning of 'disability' as follows: - abolishes...

ACAS E-Learning Guides

  • Posted

Acas has launched two new E-Learning Guides, to add to its existing guides on Discipline & Grievance, Informing & Consulting, and Absence Guide 4 is on contracts and written statements. It includes a useful section on how to vary terms and...

Redundancy: Failure to Consult

  • Posted

The Employment Appeal Tribunal has considered the position as to protective awards subsequent to the Court of Appeal's judgment in Susie Radin v GMB earlier this year. In Susie Radin, the Court of Appeal held that protective awards were punitive...

Annual Increases in Tribunal Limits

  • Posted

The annual increase in limits on various tribunal awards has just been announced. The increases take effect on 1st February 2005. The main increases are: - limit on a week's pay: from £270 to £280 - maximum compensatory award: from...

ET1 and ET3 forms available for download

  • Posted

Hard (and online) copies of the new ET1 and ET3 forms are now available. These forms will be mandatory from 1st April 2005. They replace the 'interim' forms which have been available since October. These new ET1 and ET3 forms have been available...

Combined Equality and Human Rights Commission

  • Posted

The DTI has, this morning, announced changes to its plans for a single Combined Equality and Human Rights Commission ('CEHR'), which is intended to incorporate / replace bodies such as the EOC, CRE and DRC from 2008/09. These changes are being made...

ACAS E-Learning Guide - Absence at Work

  • Posted

Acas has published the third in its series of E-learning guides. The new guide, Managing Absence, follows on from their earlier E-learning guides on Information and Consulting, and Discipline and Grievance. The guides are in a series of small...

5th edition of Ogden Tables published

  • Posted

The Government's Actuarial Department has, last week, published the 5th edition of the Ogden tables. The tables are widely used in personal injury cases. The EAT recently reminded us that they are generally inappropriate in employment tribunals (see...

Insistence on 48-hour Maximum Week

  • Posted

The Employment Appeal Tribunal, in quite a short judgment, has decided an important point which has vexed practitioners since the Working Time Regulations were introduced in 1998. Under the WTR, an employee has a right to work a maximum 48-hour week...

Long Term loss of Earnings

  • Posted

The Employment Appeal Tribunal has produced another decision, following on the footsteps of Dunnachie (no. 3) last year, warning tribunals against using the Ogden tables when calculating future losses. Burton P. repeats his warning about using a...

Intention to Vary Contract

  • Posted

The EAT has upheld an employment tribunal's decision that a conversation between the Claimant and his manager at the office Christmas dance did not amount to an enforceable promise to increase pay. At the end of the company's annual dinner-dance,...

Costs - Ability to Pay

  • Posted

This is the first decided case that I am aware of dealing with a party's ability to pay costs. Since 1st October 2004, tribunals (and the EAT) have been entitled to take into account the paying party's ability to pay when deciding what sum to award...

ACAS publishes new booklet on Stress at Work

  • Posted

Acas has, this morning, published a new booklet on Stress at Work. As always, it is a model of good practice, very readable and has useful worked examples. I suspect it will be used in civil PI claims as evidence of the standard of reasonable care, as well...

New EAT Decisions

  • Posted

Porn and Pensions Two new EAT cases today: one on porn, one on pensions. No prizes for guessing which will have the highest click-through rate! Daniel Barnett Office Porn The EAT has held that it amounts to sex discrimination for men to download porn...

Is 'length of service' automatic justification for different pay men and women?

  • Posted

The Court of Appeal has, today, published its judgment in  Cadman v HSE  (judgment was officially handed down last week, on Friday, 15th October). Ms Cadman received less pay than men in the same grade as her at the Health & Safety...

ACAS E-Learning Information and Consultation

  • Posted

ACAS has just published its Electronic Learning (E-Learning) Guide on the new Information and Consultation laws. As readers will know, they start to come into force (for large businesses) in April 2005. This is the second E-Learning Guide ACAS has produced...

New EAT Procedural Rules

  • Posted

The government has published its response to the recent Public Consultation on proposed amendments to the EAT Rules of Procedure. As a result, the final amendments have been laid before parliament and come into force tomorrow (1st October). The changes are...

And yet more happening on 1st October - a whole day's notice from the DTI!

  • Posted

The DTI has just announced that it will be bringing some of the newly passed Employment Relations Act 2004 (which received Royal Assent on 16th September 2004) into force tomorrow. The sections coming into force are: - extending the role of a representative...

New EAT Decisions

  • Posted

Relaxed Approach to Unfair Dismissal Time Limits The EAT has upheld a tribunal's decision that it was not reasonably practicable for an employee to present her claim within three months when she had been advised, by a CAB, to exhaust her...

ACAS Flowcharts on Disciplinary and Grievance

  • Posted

ACAS has, this afternoon, published some really useful flowcharts on operating the statutory dismissal and grievance procedures. They are ideal for small employers, or as an 'aide memoire' for lawyers. You need Adobe Acrobat to view the flowcharts....

Statutory Dismissal and Grievance Procedure

  • Posted

From 1st October, mandatory dismissal procedures exist which, if not followed by employers, give employees the right to claim automatic unfair dismissal (subject to one year qualification period), plus an increase in compensation. In addition, a mandatory...

ACAS Code on Disciplinary and Grievance Procedures out

  • Posted

The new version of the ACAS Code on Disciplinary and Grievance Procedures has been formally published by The Stationery Office today. It has been updated to incorporate the statutory dismissal and grievance procedures which, with the ACAS Code, come into...

Order for Medical Records - not breach of Human Rights

  • Posted

A nice, discrete human rights point which engages an important aspect of tribunal procedure has been decided by in the EAT (HHJ Ansell) in  Hanlon v Kirklees Council. It is well-known that courts and tribunals cannot order disclosure of a...

Race Equality Guidance

  • Posted

The Commission for Racial Equality, in collaboration with the Home Office, has this morning issued a step-by-step 'Race Equality Impact Assessment' guidance. Primarily designed for policy makers in the public sector, all employers will find...

Rutherford v DTI: Court of appeal confirms that Upper Qualifying Age does not contravene EU law

  • Posted

(Thanks to Paul Troop of Tooks Chambers, junior Counsel for Mr Rutherford, for telling me this decision was out) At 10.00am the Court of Appeal handed down its judgment in  Rutherford v DTI  (no. 2) (previously known as  Rutherford v...

Parental Leave must be taken in blocks of a week

  • Posted

By a majority, the EAT has decided that parental leave can only be taken in blocks of one week, under the Maternity and Parental Leave etc. Regulations 1999. The employee purported to take one day's parental leave. The employment tribunal held this to...

Statutory Right to Time Off

  • Posted

The Applicant took time off work, on medical advice, for grief following a bereavement. She was dismissed. As she lacked a year's continuity of employment, she brought a claim alleging dismissal for exercising her statutory right to time off "to...

Information and Consultation

  • Posted

ACAS has just published its Good Practice Advice on the forthcoming information and consultation rules. The Good Practice Advice has been produced in collaboration with the CBI, the TUC and the DTI. It takes the form of a brief overview, plus a series of...

Fresh or Unfresh? Remission from the EAT

  • Posted

The Employment Appeal Tribunal (Burton P.) has provided, for the first time, guidelines on whether a case should be remitted to the same or a different tribunal, following a successful appeal. The factors, contained in para. 46 of the judgment in  ...

Vexatious Litigants

  • Posted

The EAT has barred Mr D'Souza (as in  D'Souza v Lambeth ) from bringing proceedings in the employment tribunal without obtaining prior leave from the EAT. Mr D'Souza initially brought seven cases against the London Borough of Lambeth...

Kamlesh Bahl v Law Society

  • Posted

According to a report in The Lawyer online, the Court of Appeal has just upheld the EAT's decision that the Law Society did not discriminate against Kamlesh Bahl. I have not seen the transcript, but will make the link available when it comes out....

Whistleblowing

  • Posted

[Thanks to Colin Bourne of York Chambers, Counsel for the Respondent, for telling me this decision was being handed down today] The Court of Appeal has, this morning, handed down its decision in  Street v Derbyshire Unemployed Workers' Centre....

Disability Discrimination - Applicants for Pupillage

  • Posted

The Court of Appeal has handed down its decision in  1 Pump Court Chambers v Horton , upholding (by a majority) the decision of the EAT. Mr Horton had been offered a pupillage at a set of barristers' chambers but, because of ill-health...

House of Lords - Eastwood v Magnox

  • Posted

A busy day for employment lawyers. As well as handing down judgment in  Dunnachie , the House of Lords has handed down its judgment in the conjoined appeals of  Eastwood & Williams v Magnox and McCabe v Cornwall County Council. This is...

Disability Discrimination 2

  • Posted

And there's more... (and then I stop - I promise!) Andrew Smith, the Works and Pensions Secretary, has announced that the government will be accepting a number of recommended changes to the draft Disability Discrimination Bill which is expected to come...

House of Lords - Dunnachie Decision

  • Posted

The House of Lords has - less than 15 minutes ago - handed down judgment in  Dunnachie v Kinston upon Hull City Council , on whether damages for injury to feelings are recoverable in unfair dismissal claims. Lord Steyn (with whom the other four...

Disability Discrimination

  • Posted

In the rush of excitement over the last bulletin, I said the draft Bill introduced a questionnaire procedure under the DDA 1995. This is for claims under Part III of the Act: there is, of course, already a questionnaire procedure for claims under Part II...

Disability Discrimination - Court of Appeal

  • Posted

The Court of Appeal has, today, handed down its judgment in  Nottinghamshire County Council v Meikle , dealing with aspects of the Disability Discrimination Act 1995. Upholding the EAT's decision (HHJ Ansell), it held:   that in a...

Information and Consultations Regulations 2004

  • Posted

The DTI has today published: its draft Guidance Notes on the forthcoming Information and Consultation of Employees Regulations 2004, together with a consultation paper asking for feedback on the draft Guidance Notes by 22nd October 2004 the...

Territorial Jurisdiction

  • Posted

Hot on the heels of Burton P.'s judgment on territorial jurisdiction in discrimination claims (see bulletin 29/6/04) come a series of four conjoined appeals before the EAT (HHJ Peter Clark) dealing with territorial jurisdiction in unfair dismissal and...

Time Limits for Appeals to the EAT

  • Posted

The Court of Appeal has, today, handed down judgment in  Gdynia American Shipping Lines (London) Ltd v Chelminski.  Overruling previous EAT authorities, the Court of Appeal held that the 42 days for lodging an appeal from the tribunal's...

Part-Time Workers - Retained Firefighters

  • Posted

(Thanks to Nicholas Chronias of Beachcroft Wansbroughs, and John Bowers QC of Littleton Chambers (both of whom represented Kent & Medway Towns Fire Authority) for telling me this decision had been handed down) The Court of Appeal has upheld the...

Disability Discrimination - House of Lords

  • Posted

The House of Lords has, this morning, handed down its opinion in the important case of  Archibald v Fife Council. Mrs Fife was a road sweeper. She became unable to walk after a rare complication of surgery, and could not fulfil her job. It was...

Discrimination Overseas - Jurisdiction

  • Posted

The EAT has handed down its decision in the important case of Saggar (&ors.) v Ministry of Defence. Under the sex and race discrimination legislation, an employee can claim discrimination " unless the employee does his work wholly outside...

Bias

  • Posted

An interesting (and unusual) decision on tribunal bias has been put on the EAT website today. In  Breeze Benton solicitors v Weddell , the EAT held that there was an appearance of bias if a chairman, who was alleged to have been critical of a...

New ACAS Code on Disciplinary and Grievance Procedures

  • Posted

The revised ACAS Code on Practice on Disciplinary and Grievance Procedures in the Workplace was laid before parliament yesterday. Subject to parliamentary approval, it will come into force on 1st October 2004. There is substantially more information about...

ACAS Booklet on Redundancy

  • Posted

ACAS has updated its booklet on redundancy. In line with all the ACAS booklets, it is becoming more practical and user-friendly. This one contains really useful information, particularly the 'walkthrough' of how to conduct a redundancy exercise in...

Effect of human Rights Act on unfair dismissal claim against private-sector employer

  • Posted

The Court of Appeal has, this morning, handed down a rather academic decision dealing with the vexed question of whether tribunals must take account of the Human Rights Act 1998 (in this case, the right to respect for privacy) when deciding unfair dismissal...

Costs

  • Posted

The Court of Appeal has upheld, in principle, the ET and EAT's decision in  McPherson v BNP Paribas , although it has varied the amount of costs payable by Mr McPherson. Mr McPherson withdrew his ET claim about two weeks before the hearing. He...

Failure to Attend at Tribunal

  • Posted

The Employment Appeal Tribunal has, in  Cooke v Glenrose Fish Co Ltd , performed a U-turn on the approach for tribunals to take when a party fails to attend. The previous position, set out by the EAT in  London Borough of Southwark v...

Statutory Dispute Resolution - DTI Guidance

  • Posted

The DTI's Guidance Notes to the forthcoming mandatory disciplinary and grievance procedures (coming into force 1st October 2004) have just been placed on the DTI website. Overall, it is a well drafted and thought out document, which goes some way...

New Equality Commission - DTI White Paper

  • Posted

The DTI has, today, issued a White Paper seeking views on the new integrated equality commission, to be known as the Commission for Equality and Human Rights (CEHR). The new commission will combine the functions of the EOC, CRE and DRC (whoops - redundancy...

New Draft CRE Code of Practice

  • Posted

The CRE is consulting on a revised statutory Code of Practice on Racial Equality in Employment. It is now twenty years since the current statutory code of practice came into force. Since then, there have been a number of important amendments to the Race...

Transexual Discrimination

  • Posted

The House of Lords has handed down its decision in  A v Chief Constable of West Yorkshire Police.  In 1998, the Chief Constable of West Yorkshire rejected Ms A's application to become a constable in the West Yorkshire Police on the ground...

ACAS Guides

  • Posted

ACAS has updated its booklets on Absence and Labour Turnover, and on the new Employment Equality Legislation. Note: I could not open the two bottom links directly. If you experience similar problems, go to ...

Rolled up Holiday Pay

  • Posted

The Court of Appeal has, for the first time, considered the thorny issue of 'rolled-up' holiday pay. In an astonishingly robust and clear judgment, Laws LJ held in the conjoined appeals of  Clarke v Staddon and Caulfield v Marshalls...

Employment Status

  • Posted

The Employment Appeal Tribunal has handed down its decision in  Staffordshire Sentinel Newspapers Ltd v Potter  (HHJ Peter Clark, argument 18th March 2004). It confirms that an "irreducible minimum" for there being a contract of...

Continuity of Employment

  • Posted

The Court of Appeal has handed down its decision in  Bower v Stevens (& ors.) , a curious case about continuity of employment in solicitors' firms. Mrs Stevens was employed by Hughes Hooker, a solicitors' firm which "attracted a...

New EAT Decisions

  • Posted

Haberdashers' Monmouth School v Turner (Burton P., 8th March 2004) An unusual case concerning constructive dismissal. Ms Turner had been a teacher for 22 years, on (as everyone believed) a self-employed contract. The school wanted to formalise her...

Sexual Orientation Attack

  • Posted

The much reported attack on the sexual orientation discrimination legislation, brought by Amicius and other unions, was rejected by the High Court yesterday. Amiucus (and six other major unions) argued that various exemptions in the  Employment...

Scott v Inland Revenue

  • Posted

The Court of Appeal has handed down judgment in  Scott v Inland Revenue . The case straddles the border on whether it warrants a bulletin, but I have done so as it contains a small number of useful 'soundbites' on diverse points that advocates...

Amendments to EAT rules - consultation

  • Posted

The DTI is consulting on some minor changes to the EAT Rules of Procedure 2001, largely to bring them into line with the proposed ET Rules of Procedure. It is proposed the changes will come into force on 1st October 2004, the same date as the statutory...

Stress at Work - House of Lords

  • Posted

The House of Lords has, this morning, handed down judgment in  Barber v Somerset County Council . This is one of the four co-joined cases heard before the Court of Appeal as  Sutherland v Hatton  - but was the only one of the four to...

Interim Employment Order

  • Posted

An interesting decision on the effect of TUPE upon the rare beast of an interim order for continuation of employment. Under s163 of the TULR(C)A 1992, an employment tribunal can make an interim order for continuation of employment if, in a trade-union...

Handbook on Employment Law

  • Posted

You are receiving this Email as a subscriber to Daniel Barnett's Email bulletin list. I apologise if this Email irritates you: it will not be sent again as a stand-alone Email. ** New edition - March 2004 ** Employment Law Handbook (Law Society...

Rolled up Holiday pay 2.2004.html

  • Posted

In my bulletin of 17th March 2004 on rolled-up holiday pay, I published Nick Sidall's offer to make copies of the judgment available on request. Due to the large number of take-ups, he has asked me to say that the judgment is now available on his...

Statutory Disciplinary

  • Posted

The final version of the  Employment Act (Dispute Resolution) Regulations 2004  have been approved by Parliament. They flesh out the framework statutory disciplinary and grievance procedures in the  Employment Act 2002. I will shortly be...

Rolled up Holiday pay 3

  • Posted

For all those who thought the saga had ended with  Marshalls Clay v Caulfield  (see bulletin dated 4th August 2003, reproduced below), think again! An employment tribunal sitting in Leeds, in the case of  Robinson-Steele v RF Retail...

Implied Terms - Financial Advice to Employees

  • Posted

Judgment was handed down yesterday by the Court of Appeal in  Crossley v Faithful & Gould Holdings Ltd. Mr Crossley was a senior executive who qualified for benefits under a long-term disability scheme. He decided to retire from the company on...

ACAS Guide to Internet and Email Policies

  • Posted

ACAS has published an update guide to Internet and Email policies. It sets out why policies are desirable, what a policy should cover, management issues arising from a policy and explains the relevant legal considerations....

Delay by Employment Tribunals

  • Posted

In a series of four conjoined appeals (the lead case being  Kwamin v Abbey National plc ), the EAT has handed down guidance on what delays are, and are not, acceptable between a case finishing and the tribunal issuing its decision. If there is...

Status of Agency Workers

  • Posted

The Court of Appeal has overturned the EAT's decision in  Dacas v Brook Street Bureau  (for which, see my bulletin of 26/3/03, below). By a majority, they give a clear steer that the end-user in an 'temp' worker scenario is, for...

Temp Workers get Employment Rights

  • Posted

The Court of Appeal has ruled that temp workers are entitled to employment rights against the 'end-user' company. Previously, temps engaged through an agency have been unable to claim unfair dismissal against the person they work for. In DACAS v...

New ACAS Website

  • Posted

ACAS have re-vamped their website. It is now much more user friendly (and that dreadful blue background has gone). They have a new 'A-Z of Work' section, which has some excellent advice leaflets on all aspects of the employment relationship....

Holiday pay when sick

  • Posted

Inland Revenue v Ainsworth (4th February 2004, Burton P.) Readers will be aware of the (some would say, bizarre) case of  Kigass Aero Components v Brown [2002] IRLR 312, in which the EAT held that workers on long-term sick leave are entitled to...

New EAT Decision

  • Posted

Dennis Wise v Leicester City Football Club (24th February 2004, HHJ Peter Clark) Dennis Wise was dismissed from Leicester City FC following a fight with a teammate. The original disciplinary hearing was unfair. At his first-tier appeal, which was a full...

Disability Discrimination - Justification

  • Posted

[Thanks to the Disability Rights Commission, who funded Mr Collins' appeal, for notifying me of this decision] "This appeal raises a new and sharp question of discrimination law: can an employer's failure to make adjustments to accommodate a...

Effective date of termination

  • Posted

[Thanks to Justina Togher of Royds RDW, which acted for the Appellant in this case, for sending me details of this decision] Judgment has been handed down today in  Fitzgerald v University of Kent at Canterbury . This is an important Court...

Guides to Bullying and Harassment

  • Posted

ACAS has updated its two guides on bullying and harassment: one for employees, and one for employers. Although quite short, they contain very useful summaries of the law and suggestions for bringing or avoiding claims. PS The Court of Appeal's...

Dunnachie Overturned - correction

  • Posted

CORRECTION TO PREVIOUS BULLETIN In my bulletin sent 30 minutes ago, I wrongly said that the Court of Appeal's decision was unanimous. In fact it was a majority decision (Brooke LJ dissenting). My apologies for the error - the corrected bulletin is...

Dunnachie Overturned

  • Posted

The Court of Appeal has, today, overturned the EAT's decision in  Dunnachie v Kingston upon Hull City Council. In three separate judgments, the Court of Appeal unanimously hold that damages for non-pecuniary losses are available for unfair...

Dispute Resolution - Draft SI

  • Posted

Further to my bulletins dated 20th and 21st January, the draft statutory instrument containing the flesh of the dispute resolution procedures have now been published. The snappily titled  The Employment Act 2002 (Dispute Resolution) Regulations 2004...

Lawson v Serco - Court of Appeal

  • Posted

The Court of Appeal has, this morning, handed down judgment in  Lawson v Serco  They overturn the EAT's widely-criticised decision, which held that an employee working anywhere in the world can claim unfair dismissal against any employer, if...

Essa v Laing - Court of Appeal

  • Posted

The Court of Appeal has just handed down judgment in <> Essa v Laing. Upholding the EAT's decision, it holds that an employee can recover for psychiatric injury flowing from an act of race discrimination, even where the employee's...

Dispute Resolution - Draft ACAS Code

  • Posted

This bulletin follows on from yesterday's Email (dealing with the government's response to its consultation on the statutory dispute resolution procedures). This morning, ACAS published the new draft Code of Practice on Disciplinary and Grievance...

Dispute Resolution - Consultation Results

  • Posted

As subscribers will know, new mandatory dispute resolution procedures come into force in October 2004. Failure by an employer to follow the mandatory disciplinary procedure will render a dismissal automatically unfair and lead to an increase in compensation...

Priests to be given Employment Rights

  • Posted

... or at least, so says the BBC news website this morning. According to the BBC, the Church of England has announced it will give clergy employment rights, including the right to paid holiday, redundancy payments and the right to claim unfair dismissal. ...

Conduct of Employment Agencies Regulations

  • Posted

The DTI has, today, issued guidance on how the long-awaited  Conduct of Employment Agencies and Employment Businesses Regulations 2003  Regulations will work. They are due to come into force on 6th April 2004. The main implication for employment...

Sychronised Dates

  • Posted

The DTI has, earlier today, published details of the Employment Regulations that are due to take effect in 2004. They are split into two tranches, with harmonised commencement dates of 6th April and 1st October. This is a very useful guide to what's...

New EAT Decisions

  • Posted

The following decisions have been placed on the EAT website this morning. EFFECTIVE DATE OF TERMINATION - RESIGNING BY FAX AFTER OFFICE CLOSES Potter v RJ Temple  (HHJ Richardson, 18/12/03) The employee sent a letter of resignation (accepting an...

EU Consultation on Working Time

  • Posted

The European Commission has opened a consultation on Working Time with a view to revising the Working Time Directive. This is triggered partly by recent ECJ decisions dealing with 'on-call' working time, and partly by a perception that the opt-out is...