Unfair Dismissal: It’s time to simplify the law

Lewis Silkin | December 2011/January 2012 #126
The leaked Beecroft report may not go the right way about it but there is a case for far-reaching reform of the unfair dismissal regime, argues James Davies ‘It is fair to say that there are serious flaws with unfair dismissal law that would warrant a fundamental review of its purpose and effectiveness.’Abolishing unfair dismissal …

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Discrimination Awards: Why the cap doesn’t fit

Morgan, Lewis & Bockius LLP | December 2011/January 2012 #126
Christopher Hitchins casts doubt on the government’s ability to limit damages for discrimination given the restraints of EU law ‘The government is considering implementing a system of caps on discrimination awards in the UK. Some of these changes have already been announced and a proposed implementation date has been set.’ Against the backdrop of the …

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Overseas Workers: Beyond borders: the scope of UK employment rights

Fasken Martineau LLP | December 2011/January 2012 #126
Michael McCartney and Rebecca Johns discuss the UK courts’ jurisdiction to hear claims brought by employees working abroad ‘The territorial limits that apply to the various statutory employment rights will also only be relevant if the tribunal is applying English law to the dispute in question.’ The issue of which UK employment rights overseas workers …

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Varying Terms And Conditions: The route to re-engagement

Weightmans LLP | December 2011/January 2012 #126
In light of a recent EAT decision, Lee Rogers looks at how organisations can successfully make changes to workers’ contracts of employment by dismissing and re-employing them ‘An employer would be well advised to embark on a period of consultation with its employees or any recognised trade unions to try and secure their express consent …

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Dismissal Procedures: Beware of changing reasons

Mayer Brown International LLP | December 2011/January 2012 #126
Employers need to take care if they alter the grounds for dismissing an employee part-way through the disciplinary process, warn Ann Robson and Imogen Bourke ‘This case involved the employer relying on a different decision to dismiss an employee at the appeal hearing from the one that it relied on at the initial disciplinary hearing.’ …

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Book Review: All things to all people

Magrath LLP | December 2011/January 2012 #126
Nicholas Stott reviews the third edition of The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success Alan Payne, John-Paul Waite  and Jonathan Dixey 3rd ed., 2011, Bloomsbury Professional Ltd £60.00 ISBN: 978 1 84766 672 7 This book, written by three barristers, is a …

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TUPE: Quick fix or in a fix?

Trowers & Hamlins LLP | December 2011/January 2012 #126
Fixed-term employment can be a useful tool in an outsourcing situation but there are dangers when such contracts come up for renewal, writes Nicola Ihnatowicz ‘TUPE operates to transfer employees with their existing contractual rights, so an employee who is in the middle of a fixed-term contract will transfer with that same contract of employment.’With …

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