Daniel Barnett's Latest - September 7th
Daniel Barnett's NEW age discrimination web video seminar
On 19th and 26th September 2006, I'm presenting another two web
seminars on age discrimination.
But this time, I'll be standing in a TV studio and transmitting it
live!!
Watch a live video web feed. Ask questions through your computer.
Get CPD. And all from the comfort of your own desk.
Click here for details, testimonials and a booking form
complete with recorded announcer!!!
31 August 2006
The Employment Appeal Tribunal has held that time limits are not
extended under the statutory dispute resolution procedures, where
an employee brings a discrimination claim against another
employee.
The Claimant brought a race discrimination claim against her
employer and the individual she claimed had discriminated against
her. The claims were presented over three months, but less than
six months, after the discrimination allegedly took place.
As against the employer, the three-month limitation period was
undoubtedly extended to six months following her submission of a
step 1 grievance letter.
However, the EAT held that there was no extension of time in
respect of the claim against the fellow employee, as the statutory
grievance procedure did not apply - and therefore the provisions
extending the limitation period did not engage. Accordingly the
claim was prima facie out of time.
The conclusion is undoubtedly correct. It is quite plain from the
wording of the legislation that the statutory dispute resolution
framework is not intended to apply to disputes between fellow
employees - thus the result of this case is unimpeachable.
However, the EAT's reasoning in reaching that conclusion was (in
part) flawed, as the EAT relied on s30 of the Employment Act 2002.
This provides that the statutory grievance procedures are deemed
to be implied into the contract of employment - and since the
Claimant had no contract with her fellow employee, the statutory
grievance procedure could not have applied. This reasoning is
incorrect as s30 has not been brought into force (the DTI is
reviewing this, amongst other matters, later this year).
Bisset v Martins & Castlehill
EAT Judgment
Take a look at the following items from Daniel Barnett, barrister
(http://www.danielbarnett.co.uk):
Law Society Handbook on Employment Law
by Daniel Barnett and Henry Scrope
Third edition just published
£49.95
Click here for more details
http://www.danielbarnett.co.uk/publications_lawsoc.htm
To subscribe to Daniel's Newswire, go to his smart new site:
http://www.danielbarnett.co.uk/bulletins.htm
Daniel Barnett Archive Now Available
By arrangement with emplaw, an archive for Daniel's bulletins is
now available: http://www.emplaw.co.uk
"Age Discrimination" - yet another useful publication from Daniel
Barnett.
Second Edition - Published 3 May 2006
* 170 pages of commentary and analysis on the Employment Equality
(Age) Regulations 2006
* highlighting practical difficulties for employers and legal
advisors
* sets out arguments on both sides when the Regulations are
unclear
Click here to see a sample and for more information:
http://www.danielbarnett.co.uk/age_analysis.htm
Hear audio testimonials or view some sample pages:
http://www.danielbarnett.co.uk/age_analysis_testimonials.htm