February 2012 #127 – Law Journals

Employment Law Reform: A power shift in employment relations

2012 could mark the end of 40 years of growth in employees’ rights if the coalition government has its way, warn Richard Kenyon and Angus Ackroyd ‘The business secretary has proposed that existing dismissal processes should be slimmed down.’ In his speech to the Engineering Employers’ Federation on reforming employment relations on 23 November 2011, …

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Compensation Awards: Damages for the manner of dismissal

The Supreme Court ruling in the Edwards and Botham cases may not be as good news for employers as many commentators are suggesting, argues Stephen Levinson ‘The National Industrial Relations Court confirmed that a compensatory award was not intended to cover “injury to pride and feelings” and was limited to economic loss.’Employment contracts are not …

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London Olympics: Getting fit for the Games

Catherine Yallop examines the challenges for employers raised by the 2012 Olympic and Paralympic Games ‘The UK’s hosting of the Games will have a significant impact upon the nation’s businesses, particularly those based in London – and not necessarily a positive one.’This summer, nine million Olympic Games spectators, two million Paralympic Games spectators and almost …

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Discrimination: Is it time to legislate on caste?

Katharine McPherson and Katherine Shaw weigh up whether the government needs to amend the Equality Act to make clear that it prohibits caste discrimination ‘Given the complexities in defining caste, there is no obvious answer as to where caste belongs within the definitions used in the Equality Act 2010.’ The case of Begraj v Heer …

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Human Rights: Silence in (and out of) court

Ilana Swimer analyses the growing use of anonymity and restricted reporting orders in the employment tribunal ‘In granting any anonymity order or restricted reporting order, the tribunal will need to consider the dichotomy between the media’s right to freedom of expression and to report on matters of public interest on the one hand and an …

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Tribunal Procedure: Staying power

Should employment tribunal proceedings be postponed when High Court proceedings, arising from the same facts, have been threatened but not issued, ask Julian Yew and Lauren McLardie ‘If the claimant is unable to continue to pursue the High Court claim, that claim will need to be discontinued and costs may be awarded in favour of …

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Holiday Pay: Use it or lose it

Sarah Hogg considers the latest in the long line of cases on whether employees on long-term sick leave are entitled to holiday pay ‘An employee who is off work on sick leave is faced with a choice: they may choose to take annual leave or they may ask for it to be deferred, but the …

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