NEW EAT DECISIONS The following cases were placed on the EAT website on 24th December. The transcripts can be downloaded from http://wood.ccta.gov.uk/eat/eatjudgments.nsf  Surrey Health BC v Crooks [Holland J., 29.10.99]: The Respondent to an EAT...

The final version of the  Maternity and Parental Leave etc. Regulations 1999  (SI 1999/3312) were finally published on 20th December (despite coming into force on 15th December!) The Regulations are attached to this E-mail (Crown copyright 1999,...

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...

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...

THIS IS AN AUTOMATED RESPONSE. Please find attached the seminar notes, as requested, on employment law and the  Human Rights Act 1998. I offer in-house seminars on this and other topics. Please contact me on mail@danielbarnett.co.uk for...

Complimentary copies are available of seminar notes from a lecture I gave this afternoon for the Society of Chief Personnel Officers and the Chartered Institute of Public Finance and Accounting. The subject is 'Employment Law and the Human Rights Act...

The EC Commission has adopted three proposals to combat discrimination under Article 13 of the EC Treaty (introduced by the Treaty of Amsterdam, which came into force on 1st May 1999). These proposals are: • a directive prohibting discrimination in...

NEW EAT DECISIONS 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 Balmorral Group v Glenn Athol Rae   [Lord Johnston, 4.11.99]:...

From Derek Rodgers of Keeble Hawson Moorhouse, re the amendments to the Working Time Regs... Have you noticed that a revised draft of the amending regulations has appeared on the HMSO website? It is the same as the previous draft but proposes a new...

Firm's directors convicted over fatal crash, by Arthur Leathley. Times, November 20, 1999, 4. Also reported in DTel, November 20, 1999, 2. In a legal ground breaking case, Stephen and Julie Bowles, two directors of Roy Bowles Transport Limited,...

Employment Law (UK) List -  http://www.danielbarnett.co.uk   Yesterday, the House of Lords gave its decision in Carmichael and anr. v National Power plc on the employment status of casual employees. The full speeches are available...

NEW EAT DECISIONS   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 Banks v Tesco Stores Ltd.  [Morison J., 15.9.99]:  There...

Cerberus Software v Rowley  [Morison J., 4.5.99]:  Analysis and application of the principle in Abrahams v Performing Rights, namely that an employee who is dismissed with contractually authorised pay in lieu of notice is not required to mitigate...

The government has today launched a new guide aimed at helping small firms deal with equal opportunities. The leaflet, "Equal Opportunities is Your Business Too", is designed specifically for small businesses. It has been prepared by the Equal...

The government published the final draft Parental Leave Regulations yesterday (the previous Regulations, which were made available through this list, being the consultation draft). The DTI press release is copied below: P/99/888 4 November 1999 BYERS...

Morison J., in one of his final decisions as President, appears to have abolished the 'range of reasonable responses' test developed in Burchell in unfair dismissal misconduct cases. Haddon: The Facts Mr Haddon was presented with a Good Service...

Bennet v Essex CC  (HHJ Peter Clark, 5.10.99) : Consideration of Burton & Rhule v De Vere Hotels (the Bernard Manning case) - race discrimination - what steps an employer needs to take to avoid being saddled with responsibility for racial...

CONTENTS: 1. New Guide for employing Disabled People 2. 2 Gray's Inn Square Seminar Notes - Follow-up (please read) ___________________ NEW GUIDE FOR EMPLOYING DISABLED PEOPLE The Minister for Disabled People, Margaret Hodge, yesterday launched a new...

THIS MESSAGE IS AN AUTOMATED RESPONSE Please find attached, as requested, SI 1999/2830  (The Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999). Also attached is a copy of the  Employment...

Employment Law (UK) List -  http://danielbarnett.co.uk   The S.I. increasing the limit for the compensatory award to £50,000 has now been published (SI 1999/2830 - The Employment Relations Act 1999 (Commencement No. 2 and Transitional...

employment_law_uk-subscribe@listbot.com or visiting  http://www.danielbarnett.co.uk>   The date we've all been waiting for has been announced! With effect from 25th October 1999, the unfair dismsisal compensatory award will increase from...

Bert Massie has been appointed as the first chairman of the Disability Rights Commission, which was created by the Disability Rights Commission Act 1999 to investigate and enforce compliance with the Disability Discrimination Act 1995. It has similar powers...

As has been widely predicted, the ECHR has this morning ruled in favour of Jeanette Smith, Graeme Grady, Duncan Lustig-Prean and John Beckett in their cases against the Ministry of Defence. The Court ruled unanimously that there had been a violation of...

The DTI will announce today that a new hearing centre is to open at Christine House, 4 Sorbonne Close, Thornaby on Tees. Cases will be heard from Monday 27th September 1999....

The Advocate General has delivered his opinion in  Shirley Preston & otrs. v Wolverhampton Healthcare NHS Trust. This is a test case brought by 22 of 60,000 applicants to the employment tribunal, who have challenged certain time-limits in the...

As Secretary of State I have welcomed the advice, representations and views put forward by the TUC. That doesn't mean that I will always agree with the points put forward.There will be times when I have to say no. Times when I can say yes.But in a...

President's Address The Vice-President ( Mr John Edmonds ): I now call on your President, Hector MacKenzie, to address Congress. Hector. ( Applause ) The President: Colleagues, this week marks the end of my year as your President, and it has been a...

National Minimum Wage Mr John Monks (General Secretary) leading in on the debate on the National Minimum Wage and moving paragraph 2.5 of the General Council report, said: President and Congress, the young people who you have just seen on the video put the...

President, permit me to report on a year which has seen the most significant advances for working people for over twenty years. I report on a year in which two million people benefited from the introduction of the National Minimum Wage. A year which saw...

Don't miss out on your opportunity to attend IBC's UK Conferences 10th Annual Employment Law conference - THE employment law event of the year. Employment Law 1999 23rd-24th November 1999, The Barbican Centre, London EC2 ...

Employment Law (UK) List -  http://danielbarnett.co.uk   Subscribers may notice a distinct lack of bulletins over the next five weeks. This is because I am getting married next week, and am stopping work tomorrow! The mailing list will resume when...

The main proposals are as follows: 1. PARENTAL LEAVE - employees (mothers, fathers and adoptive parents) will qualify if they have one year's continuous service. - up to 13 weeks off over the first 5 years of each child's life. - a minimum of...

1. Legislation 2. Forthcoming issues 3. Cases ________________________________________ LEGISLATION As notified by Henry Scrope on 29th July, the Employment Relations Act 1999 received Royal Assent last week (27th July). No sections have yet been brought...

As promised, I attach the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999. Sorry about the delay - the COI was a little slow distributing it. Do feel free to pass it on to colleagues. Non-members...

The DTI has this morning issued a consultation document containing proposals on boardroom pay and on limiting 'golden farewells' for directors. The Press Release indicates that the consultation document contains the following proposals: 1. limiting...

A complete copy of full text ERA 1996 marked up with all amendments made since enactment in May 1996,  including amendments prospectively made by the 1999 Ac t, is available now on the "emplaw" internet site. Amendments are marked up in colour...

Discrimination LEICESTER CITY COUNCIL v MRS P McCONNELL (EAT, 5th March 1999, Holland J.) When determining whether race discrimination has occurred, an employment tribunal must find a comparator who is not in the racial group in question and where the...

ECM (VEHICLE DELIVERY SERVICE) LTD v B COX & OTHERS TUPE Court of Appeal (Mummery, Laws and Henry LJJ), 22nd July 1999 The Court of Appeal held that when deciding whether a TUPE transfer has occurred, a tribunal should take the whole range of...

Contents 1. Summary of Decisions posted to EAT website this week. 2. Correction of previous posting 1. Summary of Decisions posted to EAT website this week MR B HITCHCOCK v VALE CASTINGS LTD Procedure: Submissions of ‘no case to answer’...

The government announced yesterday that it would introduce a new power under the Employment Relations Bill to extend some or all existing employment rights to all workers, apart from those who are genuinely self-employed. The extension is intended to bring...

An SI was laid before parliament on 7th July 1999 improving procedures for informing and consulting employee representatives when there are plans to make large-scale redundancies or TUPE transfers. The Collective Redundancies and Transfer of Undertaking...

The House of Lords has now (hopefully) laid to rest the function v contract test for determining whether a redundancy situation exists. This case dealt with the defintion of redundancy in the Contracts of Employment and Redundancy Payments Act (Northern...

Two amendments are proposed: (1) To disregard working time, for the purpose of the 48-hour week, where a worker is not required to work those hours by the employer. Thus white-collar managers who are contractually obliged to work 45 hours, but choose to...

The Employment Appeal Tribunal now has a web site at  http://www.employmentappeals.gov.uk/ Judgments are available in full text, indexed by type of case (Sex Discrimination, Transfer of Undertakings, Unfair Dismissal etc), Appellant, Respondent or...

The Employment Appeal Tribunal now has a web site at  http://www.employmentappeals.gov.uk/ Judgments are available in full text, indexed by type of case (Sex Discrimination, Transfer of Undertakings, Unfair Dismissal etc), Appellant, Respondent or...

Employment Law (UK) List -  http://danielbarnett.co.uk  Little of note has happened in the employment field since mid-June, hence the lack of bulletins over the last three weeks. Members of the list are invited to send me summaries of any cases...

Employment Law (UK) List -  http://danielbarnett.co.uk  I have set up a web site which contains a number of employment law links, assorted articles on aspects of employment law, and 'newsflash' versions of the bulletins which are sent...

Employment Agencies Regulations Consultation Document A Consultation Document has been published by the DTI, containing draft Regulations to govern Employment Agencies (the Conduct of Employment Agencies and Employment Businesses Regulations 1999). The...

Age Discrimination Code Published The government published the long-awaited Code of Practice on Age Diversity on Employment this morning. The Code is voluntary and (unlike the ACAS Codes of Practice) has no statutory basis. Critics of the code assert that...

Employment Law (UK) List - http://employment_law_UK.listbot.com The Public Interest Disclosure Act 1998 will come into force on 2nd July 1999, according to the draft statutory instruments just announced to parliament. Three draft S.I.s have been laid,...

QUALIFYING PERIOD FOR UNFAIR DISMISSAL The House of Lords (unsurprisingly) passed the S.I. reducing the qualifying period from two years to one year. The new period has effect for all dismissal where the EDT is on or after 1st June 1999. A copy of the S.I....

Employment Law (UK) List The S.I. reducing the qualifying period for unfair dismissal to one year (with effect for all EDT's after 1st June 1999) was passed last week in the commons. It is to be debated in the Lords on Friday. Kudos to the first...

The Sex Discrimination (Gender Reassignment) Regulations were laid before parliament on 9th April 1999. The amend the SDA 1975 to include a prohibition against discrimination on the grounds that somebody is undergoing, or has undergone, gender reassignment....

Employment Law (UK) List The Sex Discrimination (Gender Reassignment) Regulations were laid before parliament on 9th April 1999. The amend the SDA 1975 to include a prohibition against discrimination on the grounds that somebody is undergoing, or has...