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IR35 Decision - Court of Appeal

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The Court of Appeal has handed down its decision in the IR35 case,  Professional Contractors' Group v Inland Revenue. Background In 1999, the government decided to prevent individuals, who would otherwise be classified as employees, from...

Miriki v General Council of the Bar

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The Court of Appeal has handed down its decision in  Miriki v General Council of the Bar  (21st December 2001). Facts Mrs Miriki was employed by the Bar Council. She was off work during a period when her department within the Bar Council was...

Discrimination Legislation

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The government has, today, published its consultation document on legislation required to comply with the EC Equal Treatment Framework Directive. This requires the UK to introduce legislation prohibiting discrimination on grounds of age, religion or...

Sex Discrimination (Amendment) Bill 2001

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The  Sex Discrimination (Amendment) Bill 2001  was laid before the House of Lords earlier today. If enacted, it will extend anti-discrimination legislation in connection with the provision of goods and services to private member clubs, but it will...

Dignity at Work Bill 2001

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The  Dignity at Work Bill 2001  has been introduced in the House of Lords. It provides that all employees  "shall have a right to dignity at work" , and that a dignity clause shall be implied into all contracts of employment. It...

Launch of Age Positive Website

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The government has launched an  Age Positive website  to provide practical help for employers and individuals, as part of a major publicity drive in the run-up to the new anti- age discrimination laws that must be introduced by December 2006. The...

FLEXIBLE WORK FOR PARENTS

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As foreshadowed in vague (and it seems, somewhat inaccurate) reports in the Sunday papers, the government has today announced its new proposals to help parents work more flexibly - primarily to allow working parents to work part-time. The proposals will...

New Cases

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CONTENTS 1. ECJ Opinion - Maternity Benefits 2. New EAT Cases ________________________________________ 1. ECJ Opinion - Maternity Benefits The Advocate General has provided his opinion in C-476/99 Lommers v Minister van Landbouw, Natuurbeheer en...

Age Equality Commission Bill 2001

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The  Age Equality Commission Bill 2001 , a private member's Bill introduced in the summer, has now been published on the internet. It proposes the establishment of an Age Equality Commission, whose duties shall be to advise the government on...

Employment Bill 2001

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The government has published the Employment Bill 2001, which has formed the subject of much rumour and speculation in recent weeks. It covers working parents, dispute resolution, and improving the skills of employees. The main provisions are: • six...

NEW EAT DECISIONS

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These cases are unreported (although some may be reported in due course). The transcripts were recently posted on the EAT website. CHIEF CONSTABLE OF WEST YORKSHIRE v A (Lindsay J., 2nd October 2001) The police were entitled to refuse to employ...

Sex Discrimination (Election Candidates) Bill

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The government has published the long-expected Sex Discrimination (Election Candidates) Bill. It inserts a new section 42A into the Sex Discrimination 1975, which has the effect of disapplying the 1975 Act to any arrangements relating to the right of a...

House of Lords on Victimisation-2001.html

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House of Lords Opinion - Victimisation under the Race Relations Act 1976 Yesterday (Thursday, 11th October) the House of Lords handed down its decision in Chief Constable of West Yorkshire Police v Khan, holding that an employer who refuses to...

New TUPE decision

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NEW TUPE DECISION An important - and perhaps controversial - EAT decision considering when a TUPE transfer occurs. The case is reported on the EAT website.   CELTEC LTD -v- ASTLEY + others (EAT, Hooper J. presiding, 5th October 2001)) ...

Amendment to the Working Time Regulations

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In the light of BECTU v UK (see bulletins dated 26th and 28th June 2001), the government has this afternoon announced an amendment to the Working Time Regulations. This follows a 4-week consultation period which concluded last month. The amendment will...

TUPE CONSULTATION DOCUMENT PUBLISHED

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After many months of waiting, the DTI has published its consultation paper on amendments to the TUPE Regulations. The consultation period lasts until 15th December 2001. The main proposals, on which views are sought, are: • options for new rules as to...

NEW EAT DECISIONS

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These cases are unreported (although some may be reported in due course). The transcripts were recently posted on the EAT website. RUGAMER v SONY MUSIC ENTERTAINMENT UK LTD. (Douglas Brown J., 10th July 2001) A short delay by an employer in...

Leggatt Report

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REVIEW ON TRIBUNALS - THE LEGGATT REPORT The government has, today, published Sir Andrew Leggatt's report on the tribunal system. The report is long! Readers brave enough to try it can access it, together with the consultation paper issued by the...

Burden of Proof Directive

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Further to my bulletin dated 25th July, the SEX DISCRIMINATION (INDIRECT DISCRIMINATION AND BURDEN OF PROOF) REGULATIONS 2001 have today been placed on the HMSO website. They come into force on 12th October 2001....

Burden of Proof Directive

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SEX DISCRIMINATION - BURDEN OF PROOF DIRECTIVE ============================================== The Sex Discrimination Burden of Proof Directive 1997 was due to come into force at the beginning of this week. Richard Lister of Lewis Silkin tells me he has...

Tribunal Reform Consultation Paper

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TRIBUNAL REFORMS - CONSULTATION DOCUMENT Within a week of the introduction of the new procedural regime, the government has issued a consultation paper on further reform of the employment tribunals. Subscribers may have seen some details of these proposals...

Upper Qualifying Age Decision

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UPPER QUALIFYING AGE - HARVEST TOWN CIRCLE v RUTHERFORD The Employment Appeal Tribunal has today handed down the long-awaited decision in HARVEST TOWN CIRCLE v RUTHERFORD, dealing with the question of whether the upper qualifying age for unfair dismissal...

New Tribunal Procedure Rules

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CONTENTS -------------- 1. New Tribunal Procedure Rules 2. Advertisement - Boodle Hatfield ------------------------------------------------------- 1. NEW TRIBUNAL PROCEDURE RULES The Employment Tribunals (Constitution and Rules of Procedure) Regulations...

New EAT Decisions

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NEW EAT DECISIONS ------------------------------------------------ The following decisions have been placed on the EAT website in the last few days. The judgments can be downloaded from http://wood.ccta.gov.uk/eat/eatjudgments.nsf * * * * * * * DAN...

Fixed Term Workers Regulations

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DELAY IN FIXED-TERM WORKERS REGULATIONS ------------------------------------------------ Implementation of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2001, which were planned to come into force on 10th July 2001, is being...

Fixed Term Workers - Correction

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DELAY IN FIXED-TERM WORKERS REGULATIONS ------------------------------------------------ A correction to the previous message. I stated that the Fixed Term Workers Directive had to be implemented by 10th July 1999. In fact, this date was a misprint in the...

Seminar Notes - Remedies in Employment Disputes

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SEMINAR NOTES - REMEDIES IN EMPLOYMENT DISPUTES ------------------------------------------------- The notes from the 2 Gray's Inn Square seminar on Remedies in Employment Disputes (June 2001) are available free of charge to subscribers to this mailing...

Consultation Paper on Paid Holiday

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The government has today published a consultation paper proposing changes to the Working Time Regulations 1998. These proposals are as a result of Tuesday's decision of the ECJ in BECTU v UK (see bulletin 26.6.01), holding that the UK 13-week qualifying...

Lord Chancellor changes Discount Rate

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NEWSFLASH - LORD CHANCELLOR CHANGES DISCOUNT RATE ------------------------------------------- This afternoon, the Lord Chancellor has announced a reduction in the discount rate to 2.5%. This will affect awards for long-term future loss of earnings in...

13-week holiday rule unlawful

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A number of people have been having problems receiving bulleins recently. Until the problem is resolved, all messages are being sent in 'text' format. Apologies for the unattractive appearance. -------------------------- NEWSFLASH - BECTU v UK...

TUPE decision - ADI v Firm Security

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Instructions on how to subscribe to this bulletin, and a DISCLAIMER, appear at the bottom of this Email. On Friday (22nd June 2001), the Court of Appeal handed down its decision in ADI (UK) Ltd v Firm Security Group Ltd..  Facts ADI provided...

Government to promote Dispute Resolution

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Instructions on how to subscribe to this bulletin, and a DISCLAIMER, appear at the bottom of this Email.  Determined to show it still has ideas after the general election, the government has this afternoon (Friday) announced a review of employment...

The Queen's Speech - Legislation proposals

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Employment Law (UK) List -  http://www.danielbarnett.co.uk Instructions on how to subscribe to this bulletin, and a DISCLAIMER, appear at the bottom of this Email.  The Queen's speech this morning included proposals for the following...

New Faces / EAT cases

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Instructions on how to subscribe to this bulletin, and a DISCLAIMER, appear at the bottom of this Email.  CONTENTS 1. New Faces and Places 2. New EAT decisions ________________________________________ 1. New Faces and Places The...

Worker Consultation - EC Directive

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Today's papers are flooded with the news that the EC has finally approved the proposed Directive for Informing and Consulting Employees in the European Community. Assuming the Directive is formally passed and published (which is now fairly automatically...

Remedies in Employment Disputes - Seminar Advertisement

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ADVERTISEMENT Remedies in Employment Disputes a seminar by the 2 Gray's Inn Square Chambers Employment Group Wednesday, 27th June 2001 TOPICS TO BE COVERED • gathering evidence for the compensatory award, eg proving and disproving a...

ACAS Arbitration Scheme

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Employment Law (UK) List -  http://www.danielbarnett.co.uk  Instructions on how to subscribe to this bulletin, and a DISCLAIMER, appear at the bottom of this Email.  The new ACAS Arbitration Scheme went 'live' yesterday (21st May...

Jurisdiction for Ex-Employee to bring Sex Discrimination Claim

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The Court of Appeal has held that claims cannot be brought under the Sex Discrimination Act 1975 by ex-employees, in respect of alleged acts of discrimination occurring after the dismissal. The case is  Christine Rhys-Harper v Relaxion Group plc ...

Discrimination against homosexuals - the MacDonald decision

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CONTENTS 1. Discrimination against homosexuals - the MacDonald decision 2. Advertisement - job vacancy ________________________________________ 1. Discrimination against Homoseuxals The Scottish Court of Session has overturned the controversial...

Employee Consultation Rights Bill

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The  Employee Consultation Rights Bill  has been published. It has little prospect of being enacted due to the imminent general election (unless re-adopted in the next session of parliament). It provides an obligation for all employers with more...

New Acquired Rights Directive - 2nd message

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Further to my bulletin of 23rd March 2001 (reproduced below), the Acquired Rights Directive 2001 appeared in the Official Journal on 22nd March 2001. It therefore comes into force on  11th April 2001 . Thanks to all those who Emailed me with the date. ...

New Employment Tribunal Rules of Procedure and ACAS Arbitration Scheme

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The DTI has, today, laid the  Employment Tribunals (Consitution and Rules of Procedure) Regulations 2001  (SI 2001/1171) before parliament. They are due to come into force on 18th April 2001. The main changes from the existing 1993...

Race Discrimination - Anya Oxford University - C of A

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On Friday 23rd March, the Court of Appeal handed down its decision in  Anya v Oxford University  (http://www.courtservice.gov.uk/judgments/judg_home.htm). NOTE: the EAT decision in this case is summarised in my bulletin of 16th May 2000 ...

New Acquired Rights Directive

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On 12th March 2001, the EC Council adopted the new  Acquired Rights Directive 2001 . This repeals and replaces the  Acquired Rights Directive 1977 (which is the source of the TUPE regulations). The preable states it is a codifying Directive...

Damages for Manner of Dismissal - House of Lords

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A busy day for the House of Lords, who have handed down five judgments - three of which are employment related. First, in  Johnson v Unisys Ltd....

Aiding Racial Discrimination - House of Lords

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CASE 2: Anyanwu (+ another) -v- South Bank Student Union (+ another) (http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010322/anyanw-1.htm) It deals with the issue of liability under section 33(1) of the Race Relations Act 1976,...

First Human Rights case in the EAT?

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The EAT has, this morning, handed down its decision in what is thought to be the first case focussing on the application of the Human Rights Act 1998. By coincidence, it comes on the same day as the Lord Chancellor's Department issues a press release...

Employment Agency Worker not Employee (CA decision)

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The Court of Appeal has handed down its decision in  Montgomery v Johnson Underwood Ltd.  (CA, 9.3.2001), on the issue of whether a worker for an employment agency is employed by the agency (for the purpose of claiming unfair dismissal). Mrs...

Extension to Disability Discrimination Act

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The government has today announced that it will be extending the  Disability Discrimination Act 1995 to include: • increased protection for people with cancer (the quoted example being people in remission from cancer, who may not fall within...

Increase in National Minimum Wage

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The rumours have been confirmed! The government has announced that it is to increase the national minimum wage from £3.70 to  £4.10  in  October 2001 , following the Low Pay Commission's recommendation. It will then increase...

Fixed Term Employee Regulations 2001

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The government yesterday (Friday) issued a  consultation paper and draft Regulations  on its proposals for new rights for  fixed term employees. Responses to the consultation paper are sought by 31st May 2001. The proposals seek to...

House of Lords - When is a Compromise Agreement not a Compromise Agreement?

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A very surprising, and highly controversial, judgment has been handed down today (1st March) by the House of Lords in the case of  BCCI (In compulsory liquidation) v (1) Munawar Ali, (2) Sultana Runi Khan and Ors  - yet another twist to the BCCI...

EOC Equal Pay Taskforce Report

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The Equal Opportunities Commissions has, this morning, published its seminal taskforce report on Equal Pay -  www.eoc.org.uk The report, which is well worth reading for anybody practising in discrimination law, highlights the following issues: •...

Age Discrimination

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The government yesterday confirmed that it would be introducing legislation to tackle age discrimination at work (although it will be the next parliament -whoever it is - that brings in the legislation). This is pursuant to the  EC Equal Treatment...

Two important ECJ cases

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CONTENTS 1. ECJ decision - An Employer's Right to Insist on Overtime 2. ECJ Advocate General Opinion - 13 week rule for holiday entitlement unlawful ________________________________________ 1. ECJ - An Employer's Right to Insist on Overtime ...

Part Time Pensioners - Preston v Wolverhampton HA (House of Lords)

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This afternoon the House of Lords handed down its opinion in  Preston v Wolverhampton HA  (see bulletins 16/5/00 for the ECJ decision, and 15/9/99 for the original reference from the House of Lords). The House of Lords followed the ECJ ruling,...

New SI: Increase in Deposits

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Yesterday the government published  The Employment Tribunals (Increase of Maximum Deposit) Regulations 2001. As we had been forewarned (see bulletin 27/11/00), the power for tribunals to order an Applicant to pay a is being increased from a...

Sellars Arenascene v Connolly - C of A

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CONTENTS 1. Sellars Arenascene Ltd. v Connolly - Court of Appeal 2. Beuvale Furnishings Ltd. v Chapman - EAT ________________________________________ 1. Sellars Arenascene Ltd. v Connolly (CA, 2.2.01) A decision of the Court of...

Government launches ' Equality Direct'

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The government has today launched  'Equality Direct ' - an information and advice service for businesses on a whole range of equality issues such as providing better access for disabled people or equal pay. The telephone advice centre and...

Oy Liikenne Ab v Liskojarvi - Big new ECJ TUPE case!!!

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Instructions on how to subscribe to this bulletin appear at the bottom of this Email. Yesterday (25th Jan) the ECJ handed down its decision in the TUPE case  Oy Liikenne Ab v Liskojarivi & Juntunen, a case referred by the Supreme Court of...

Cerebus Software v Rowley (+ other matters)

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CONTENTS 1. Court of Appeal decision -  Cerebus Software v Rowley 2. Extensions to  Working Time Directive 3. Jobs - Solicitor seeking new position ________________________________________ 1. Court of Appeal Decision - Cerebus Software v...

Compensation Increases

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With thanks to John Bowers QC of Littleton Chambers for providing this information. Under section 33 of the Employment Relations Act 1999, the Secretary of State is under a duty to increase or decrease various awards as soon as possible after...

New Draft Legislation + other matters

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CONTENTS 1. New draft legislation 2. Lord Irvine's appeal 3. New EAT decision ________________________________________ 1. New draft legislation I am told two Bills received first readings in the House of Commons yesterday (I have not yet seen the...

Increase in Tribunal Awards

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CONTENTS 1. Increase in Tribunal Awards 2. Addition to previous bulletin - O'Neill v HSBC Bank ________________________________________ 1. Increase in Tribunal Awards It's that time of the year again. The Employment Rights (Increase...

Important TUPE case - Cheesman v Brewer Contracts

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Cheesman v Brewer Contracts  [30.11.00, Lindsay P.]  An extremely authoritative decision on the EAT, tying together the strings of the myriad of recent TUPE cases post-Suzen, was posted on the EAT website yesterday afternoon. This decision is...

Various cases

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CONTENTS 1. Central Arbitration Committee -  Red Letter Bradford Ltd v GPMU 2. Recent EAT Decisions 3. Employment Tribunal decision on disability discrimination justification - O'Neill v HSBC Bank ________________________________________ ...