July/August 2013 #142 – Law Journals

Employment Law Reform: Shake it up

Benedict Gorner and Clare Gregory summarise the employment law provisions contained in the Enterprise and Regulatory Reform Act 2013 ‘Prudent employers are likely to continue to take steps to prevent third-party harassment, both to avoid potential liability and to maintain good employee relations.’ Employment legislation has rarely been out of the media spotlight recently, as …

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Executive Remuneration: Bonuses go in one direction

Catrina Smith and Kennedy Masterton-Smith consider UK and EU proposals to curb pay in the financial sector ‘There is some unease about the practical effect of limiting variable pay. Some institutions may resort to increasing base salaries, but there is a concern in the market about the sustainability and impact of this change.’ There is …

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Bonus Payments: My word is my bond

The Court of Appeal has recently ruled on whether a verbal promise made at a staff meeting can be contractually binding, explain Ruth Bonino and Adam Lambert ‘The decisions concern the question of whether verbal promises made to staff amounted to contractual obligations, so they provide important lessons for any business which makes verbal commitments …

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Collective Consultation: Awards for failure to engage with employees

Sarah Ozanne examines two recent cases on employers’ obligations to inform and consult in redundancy and TUPE situations ‘The court in Susie Radin stated that the tribunal has a wide discretion and should focus on the seriousness of the employer’s failure. Factors to take into account include whether the employer’s failure was deliberate and whether …

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Book Review: Equality law past and present

Charles Wynn-Evans reviews the new edition of Monaghan on Equality Law Monaghan on Equality Law Karon Monaghan 2nd ed, 2013, Oxford University Press £145 ISBN 978 0 19 960323 7 The Equality Act 2010 (the Act) was intended not only to reform and restate domestic anti-discrimination legislation but also to harmonise and, as the White …

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Victimisation: Back to square one

In its second ruling on the point in two months, the EAT has decided that post-termination victimisation remains unlawful after all, reports Hannah White ‘The EAT took further courage in its conclusion from the fact that, according to the ECJ in Coote, the UK is obliged under European law to provide protection from victimisation, including …

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Discipline And Grievance: A substantial issue

The EAT has revisited the vexed question of whether the Acas Code of Practice applies to dismissals for ‘some other substantial reason’, write Sarah Lamont and James Gutteridge ‘The question of whether a dismissal is caught by the Code is significant when an employment tribunal makes a finding of unfair dismissal and then turns its …

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Unfair Dismissal: The role of trust and confidence in reinstatement and re-engagement

Emma Williamson looks at why it may not be practical to re-employ a dismissed employee even if this is what they want ‘If a claimant’s evidence indicates mistrust in the respondent (as per Nothman ) or that the claimant’s objective is vindication (as per McBride ), an order will be less likely.’ This article considers …

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