Monday, 25 May 2009

Circus Manager in Trouble

Thanks to Mr Robert Morton for the following dire gag:

A circus manager was found to be in breach of company disciplinary rules - he was dismissed on the basis of 'funfair dismissal'!

Saturday, 23 May 2009

Case in Point - Timing of Assessment of Disability Vital

The Employment Appeal Tribunal (EAT) has held that the proper time for assessing whether the complainant has a disability under the Disability Discrimination Act 1995 (1995 Act) is the time when the alleged act of discrimination took place, and not the time of the tribunal hearing.

Cruickshank v VAW Motorcast Ltd [2002] IRLR 24.

Thanks to my Secret Admirer

Thanks to the hidden employment lawyer wirting her blog for the following reference - (flattery will get you everywhere, well at least another mention)

Barrister Charles price likes me! I think he's an Adonis. Mmmm.

Tuesday, 19 May 2009

Today's Rolls Royce Judgment - Age Discrim?

Rolls Royce were allowed to use as a redundancy criteria the longest serving!

The managers at Rolls Royce, scored each worker under threat of redundancy against five categories – achievement, self-motivation, expertise, versatility and personal contribution. The scores would then be used to select redundancies with lower scorers facing redundancy first. A final score of 1 point was added to those who had worked there the longest.

This factor if used alone may well lead to age discrimination shouts!

Monday, 18 May 2009

How to Add a Legal Filter to Rambling ET1s

A useful way to create further particulars when trying to particularize a saga of misdemeanours (normally the stories going back years are connected with discrimination or constructive dismissal) without legal reference was suggested today: Simply set in columns:

1) Date
2)Facts alleged by Claimant
3)Respondent's answer to those facts
4) Type of breach/discrimination
5)R's legal defence
6)Comparator hypothetical/real if relevant
7)Respondents response to comparator

Not the most exciting of tasks but a necessary one!

Panel Members

Panel members shock horror! will soon be able to move from tribunal to tribunal cutting down on congestion hopefully.

Sunday, 17 May 2009

Accurist Watches Case Saves Time!

When considering an application to extend time, the Claimant and the Respondent are usually called to give evidence. For example, if it is being argued that the Claimant was late submitting an ET1 because he thought that internal procedures were being followed (a defence under the Employment Act 2002) then the Claimant must give evidence that he thought that matters could still be resolved and at least that he was engaging in an internal procedure. In the same way, The Respondent's Appeal Officer may be called and cross-examined with a view to proving that an internal procedure was being pursued.

This may well take a few hours and even a day to sew up. A new judgment however means that need not be in any particular form, thus saving time. The parties may deal with the matter by submissions if they wish!

Tuesday, 12 May 2009

Employers are to be banned from using tips and service charges to "top up" staff pay to meet the minimum wage from October, the government says!

Monday, 11 May 2009

The Equalty Bill

The enormous and long awaited Equality Bill was published on 27th April 2009.

If and when it becomes law, it will replace the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, much of the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Age) Regulations 2006, and the Equality Act (Sexual Orientation) Regulations 2007 (all as subsequently amended), plus other ancillary pieces of legislation.

Perhaps the most controversial proposal is allowing positive discrimination in favour of disadvantaged groups in certain circumstances, notably in recruitment and promotion if candidates are otherwise equally qualified.

This 'equally qualified' condition is so subjective I can see it providing bread and butter for lawyers for years to come if introduced.

Great Quote from Mr Justice Elias on Old Procedures

The 2004 Dispute Resolution Regs were a disaster creating huge piles of litigation, something the government apparently failed to foresee.

In the words of Mr Justice Elias, the President of the EAT in Suffolk Mental Health Partnership NHS Trust v Hurst and ors, EAT 2008

"Rarely can legislation have been so counter-productive. Provisions designed to reduce tribunal disputes have spawned satellite litigation in which arcane and complex points of law have been argued, frequently so remote from reality that they would surprise even the most desiccated Chancery lawyer conjured up by the imagination of a Charles Dickens". have a great section on the new procedures!

Friday, 8 May 2009

UK Wins Working Time Opt Out

Personnnel Today have reproted that: 'Talks on the European legislation broke down without agreement for the final time in Brussels last night, meaning employees will be able to continue to work more than 48-hours a week if they choose.'

Tuesday, 5 May 2009

Irreverent Twittering Employment Law Blog

I like the post : 'The Heyday case is rubbish'