Employment and Discrimination

• "Without Prejudice" Definition Extended

• Discussions about job long before litigation started still Without Prejudice

• 88 Seconds Is A Long Time, Too Long

• EAT makes cruel decision but hard law is good law. Daniel Barnett draws this to our attention.

• 9/11 Allegations Lead to Discrimination Case

• CPS did not treat Asian solicitor fairly after spurious allegations by court staff.

• ACAS Guidance on Employing Older Workers

• There are currently 20 million people aged 50 and over in the UK. By 2030, this figure is expected to reach 27 million. The Advisory, Conciliation and Arbitration Service has issued new guidance, Employing Older Workers , aimed at helping employers...

• Adjournments Pending Other Cases

• When is it reasonable to adjourn pending determinations in other proceedings?

• Age Discrimination And Partners

• Law Society Advises Review Because of Age Discrimination Laws

• Age Discrimination Law Sites

• Age Discrimination is the buzz word of the moment

• Age Discrimination Laws Start

• Government ushers in new anti-age discrimination laws

• Age Discrimination Rules Delayed for Pensions

• Government gives pension companies more time

• Agency Worker Gains Rights

• Complicated Agency / Employee Arrangment not defeat employment rights

• Agency Worker Sacked - Who To Sue?

• Agency worker claims against wrong organisation

• Agency Workers Law in Disarray

• Confusion reigns in agency cases

• Asbestos Claim From 1960's Succeeds

• Government should have known of asbestos risks

• Bad Description of Pension Terms - Small Print Rules

• Pension Ombudsman not very pleased with this decision

• Bank Holiday Success

• Bank Holiday Pay Calculation

• Benefit Entitlement for Europeans Reduced

• The government will be pleased at this European decision.

• Better Deals For Carers

• Employees get more options to enable them to care

• Bully Employee Jointly Liable?

• Bully gets his just desserts

• Calculating Compensation With Little Evidence

• Guidance to tribunals when evidence is thin

• Change Non-Competition Clauses, But Do It Right

• Unfair dismissal but only because the change of rules was unfair.

• Claim Form Incorrectly Completed - Rejection? - Appeal??

• Case about a missing address raises interesting points

• Confidentiality and Employment Restrictions

• Employer's interest in protecting confidential inormation protected

• Corporate Manslaughter Bill Is Passed

• How will the new corporate manslaughter law affect public bodies next year?

• Countries Can Impose Compulsory Retirement Ages

• If Spain can impose retirement on men at 65, can the UK too?

• Criminal Client Loses Spread Betting Firm A Bundle

• Spread bet by employee not responsibility of employer

• Daniel Barnett's Information January 2007

• Daniel Barnett Information January 2007 - over 25 nuggets of information in one month!

• Daniel Barnett's Information Late December 2006

• Daniel Barnett Information

• Daniel Barnett's Latest - 13 April

• Two Recent Case Summaries from Daniel Barnett

• Daniel Barnett's Latest - April 27

• Six case commentaries from Daniel Barnett

• Daniel Barnett's Latest - April 6

• Daniel Barnett's Latest Materials

• Daniel Barnett's Latest - August 21st

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - December 17th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - July 15th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - June 22nd

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - June 8th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - May 12

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - May 18

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - May 4

• A case commentary from Daniel Barnett

• Daniel Barnett's Latest - November 12th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - November 20th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - November 30th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - October 20th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - October 5th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - September 27th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest - September 7th

• Case commentaries from Daniel Barnett

• Daniel Barnett's Latest Employment Law News February 2007

• Daniel Barnett Information February 2007 - over 8 nuggets of information so far this month!

• Daniel Barnett's Latest Information Late December 2006

• Daniel Barnett Information After 13 December 2007

• Dinner Ladies Win HL Discrimination Case

• Finality at least for dinner ladies in discrimination case

• Director's Car and Input Tax

• The Revenue defeated over Director's Car

• Disability Appeal and Apeals Procedures

• Court of Appeals rules on meaning of dismissal by reason of disability and also on the proper approach to disnmissal appeals.

• Disability Rights Information Guide Published

• Government encourages us to provide clearer information to the disabled

• Disabled Employeee Loses Out

• Employer wins case against disability claim

• Disabled Human Rights Agreed at UN

• The UN helps the disabled

• Disabled Workers To Be Encouraged

• Employers should make life easier for disabled workers, says minister

• Discrimination Claim Problems - with Daniel Barnett's Commentary

• Tribunal criticised over treatmentof discrimination claim

• Dismissal After 10 Years of Sickness

• Personnel officer who sacked sick employee presides at his appeal - guess who wins, but not entirely.

• Doctor Shows Up NHS Trust

• Medical Practitioner not treated fairly by his trust and wins judicial review

• Does Insurance Cover Abusive Behaviour by Employees?

• Insurance does cover acts of abuse by employees with some exceptions

• Domestic Violence in the Employment Context

• Employers urged to do more to deal with domestic violence

• EU Legislation on Employment

• Law Society summary of recent EU Employment laws

• Employeee Loses Out In Liquidation

• Employee thought he'd got a protective award, but then lost out

• Employer Liable For Driver's Tiredness

• Court of Appeal extends employer's liablity for negligent driver

• Employer's Response Late Procedure

• What to do if the employer does not receive the application

• Employment Case Involving Gender Reassignment

• Claimant alleges transgender phobia and fails to succeed

• Employment Compensation Rises Again

• The annual increase in compensation limits is announced

• Employment Covenants Considered

• Court of Appeal rules on restrictive covenants within company groups - commercial reality to prevail.

• Employment Law From SPR

• Semple Piggott Rochez with more Employment Law Litigation Review Information

• Employment Tribunal - Interests of Justice Test for Reviews

• Age and experience does justify extra pay

• Equal Pay Act Time Limits

• Technical point about time limit for applications under Equal Pay Act 1970

• Equality & Diversity at the Bar

• Bar Council Chairman explains need for diversity

• Estoppel Works Against Claimant

• Claimant penalised for starting in wrong court

• European Decision About Defective UK Working Time Regs

• UK Government working time regulations criticised by EU court

• European Decision About UK Pension Support Schemes

• UK Government pension protection scheme criticised by EU court

• Extra Holidays for 6 Million

• New holiday proposals for millions of workers

• Fines For Evading Minimum Wage

• Employers will be fined if they do not pay minimum wage

• Fines For Under-Payers

• Government takes on employers who fail to pay minimum wage

• Flights of Fancy For Airport Redundancies?

• Redundancies at airport cause even more chaos than baggage handling

• Foreign Workers - Jobseekers Allowance

• Guidance about the definition of "worker" and the relevance of "habitual residence"

• GRievance Procedure Time Limits Considered

• Latest case from ICLR

• Gay Lawyers Get Backing

• The Law Society helps to discourage discrimination against gay lawyers

• Government Wins Guantanamo Case

• Government does not have to support foreign "residents" of Guantanamo Bay's application to come to UK

• Grievance Procedure Revisited

• Canary Wharf Management Ltd v Edebi Grievance Procedure Reviewed

• Help For Homophobic Crime Victims

• New powers to cope with homophobic crime

• Hollow Victory After Redundancy

• Redundancy Procedure considered but no help to successful appellants

• Home Secretary's Powers Too Great

• prisoner wins discrimination case againt Home Secretary

• House of Lords and Racial Abuse

• Calling foreigners bloody is racial abuse

• House of Lords on Secondment

• House of Lords employment decision about seconded employee and TUPE

• How To Consider A Religious Employment?

• The right attitude to take to a religious employment contract

• How to Calculate Holiday Pay

• A complex case involving notional and actual hours, but worth considering.

• ICLR Site of the Week

• ICLR just keeps getting better

• Illness Dismissal Discriminatory?

• European Court decides that dismissal for ill health is not discriminatory

• Indirect Discrimination - Which Comparators

• Defining comparators in discrimination cases

• Law Society Race Equality Awards

• Winners of Race Equality Awards Announced

• LawIndexPro Royle v Greater Manchester Police Summary

• LawIndexPro reports on the Royle v Greater Manchester Police case about appeals and tribunals procedures

• Length of Service Justifying Extra Pay is Not Discriminatory

• Age and experience does justify extra pay

• Less Age Discrimination By Employers

• Government believes age discrimination is getting old

• Lift and Healtyh and Safety at Work

• Even a second floor lift has to fit into H&S regime

• MInimum Wage Changes

• Minimum Wage Rates Change

• Minimum Wage To Rise Again

• Minimum wage proposal announced

• Minimum Wage and Utility Bills

• Holiday Camp workers to get refunds after utility bills paid personally

• Mistaken Job Application Not Fraudulent

• Prosecution over mistake on job application form not actionable

• Moray Council and Unions

• Moray Council and Collective Agreements

• New Contractors' Tax Guidance

• INland Revenue revamps rules about taxing contractors

• New EAT Website Feature

• UKLawyers Feature - Employment Tribunal's new site

• New EU Members Have Restricted Rights

• New EU workers will have rstricted rights

• New Racial Hatred Laws Start

• Details of the new Racial and Religious Hatred Act

• No Discrimination Against Pakistan Citizen in UK War Scheme

• Compensation for Japanese POW's can be restricted without discriminating

• Non-Payment of Discretionary Bonuses Upheld

• Bank's discretion about payment of bonuses upheld despite alleged irrationality

• Payment By Results Guide

• Law Society booklet about CFA's etc

• Pension Scheme Winding Up - Gender Issues

• It pensions - its got to be boring - but it matters to some of these pensioners, whatever their sex

• Police Killer Loses Pension Rights

• Manslaughter defendant not alloweed to claim pension of husband she killed

• Police Whistleblowers Beware

• How to protect a police whistleblower?

• Police and Discrimination Disclosure

• Disclosure by Police in discrimination cases is problematical

• Polkey - Conflicting Cases

• Daniel Barnett comments on contrasting Polkey decisions

• Pregnant Teacher Wins Part of Sex Discrimination Case

• EAT upholds employment tribunal decision in part.

• Race Case Burden of Proof

• Where does the burden of proof lie in race alleagations?

• Racial Discrimination and the CPS

• Assistant solicitor wins case over 9/11 incident

• Regulation 15 Considered in Complex Time Scale case

• How do you interpret reg 15 Employment Act 2002 (Dispute Resolution) Regulations 2004

• Remedy When No Particulars of Employment

• What to do if your employment particulars are defective?

• Restrictive Covenants and IFAs

• Court considers retraint of trade in great detail

• Retiring Pilots Crash Land

• British Airways win pension case

• Rogue Companies To Be Targeted

• Vulnerable workers get help against rogues

• Rogue Employers To Have Collars Felt

• Vulnerable Worker Enforcement Forum formed

• Royle - Another Report

• Major constructive dismissal case reported by ICRE

• Rutherford case in House of Lords

• House of Lords decides about Age Discrimination

• School Support Staff Are Winners

• Local authority and school governors have to use same comparators, even though they are not the same employers

• Seasonal Workers' Accommodation Part of Pay?

• Revenue wins appeal about payments for fuel and minimum wage.

• Secret Recorded Evidence in Employment Cases

• Secret Recordings Godd as Evicence - Yes or No?

• Sectioned Employee Disabled?

• Court considers whether repeated sectioning is grounds for entitlement to disability discrimination protection.

• Services Directive To Benefit All!!

• Employment prospects improved by Services Directive

• Sick Employees To Have Foreheads Felt?

• Sick Workers to be investigated

• Sick Employees' Compensation

• How do you compensate sick employees?

• Sick Rules For Disabled Employee?

• Does your sick pay scheme apply to disabled employees?

• Sickness and Disablity Compared

• Can sickness dismisaal be said to be disbility discrimination?

• Slippery Floor In Care Home - Both Sides Trip Up

• Perhaps a surprising result in a slipping case

• Sole Director's Role and Chairman's Role

• Surely this has been decided before?

• Solicitors Encouraged to Ensure Equality

• Law Society's Race Equality Awards scheme

• Statutory Adoption and Paternity Pay

• Paternity and Adoption Pay Calculators

• Suicide As Foreseeable Risk

• Employers liable for suicide after accident

• Sunday Employees Get Priority

• The Government has decided not to give in to superstores

• Superviser Jointly Liable for Discrimination

• An employee made jointly and severally liable for discrimination compensation.

• Third Party Escapes Liability in Negligence Case

• Evidence saves third patrties from negligence claims

• Threats By Union Not Disciplinary Action

• Member takes on union and loses

• Time Limits in Employment Cases Again

• Appeal Tribunal deliberates about time limits.

• Time Limits in Employment Cases Again - Multiple Incidents

• Appeal Tribunal deliberates about time limits when there are many incidents over a period of time

• To Withdraw or Set Aside?

• How should a Tribunal proceed when a case is withdrawn?

• Two More Contrasting Stress Cases Hit The Courts

• These contrasting stress related decisions cover constructive dismissal

• UKLawyers Archive of Employment and Discrimination Materials - March 2006

• The collection of all our Employment and Discrimination materials published by us in March 2006

• Unfair to Deaf Employee?

• Firm and its deaf employee - who was right?

• Vicarious Liability for Employee's Harassment of Co-Worker - with Daniel Barnett's Commentary

• Surprisingly this has not been decided before - is an employer vicariously liable for harassment by his employees?

• Vulnerable Workers Strategy

• A new Strategy Paper from the Government

• What is a Dismissal Procedure?

• What if an employer uses the "wrong" procedure on dismissal?

• When Procedural Unfairess Might Not Matter

• s 98A(2) of the Employment Rights Act 1996 cannot be applied retrospectively.

• When Should Chair Recuse?

• Applicant unhappy with Chairman loses case

• When To Strike Out A Hopeless Claim

• Wrong to strike out a case where substantial issue about facts

• Which Jurisdiction Has Priority In Employment Law?

• UK Court restraining Employment Case in New York

• Whisteblower's Dismissal Upheld Despite His Mistake

• His Lordship agreed with the appeal tribunal in Darnton v University of Surrey [2003] IRLR 133 that a belief could be reasonably held and yet wrong.

• Whistleblower Wins Against Old Employers

• Former employers liable to whistleblower

• Work's Out For More Employees

• More workers to get more holidays

• Work-Induced Nervous Breakdown Was Negligence

• Employer loses case over stress

• Would They Have Been Fairly Dismissed Anyway?

• Constructive Dismissal Not Result in Compensation Payment