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No-one’s daring to say so, but a press release by the Ministry of Justice is reviewing the whole caboodle. Some solicitors are getting worried. A contingency fee is where the solicitor’s fee is a percentage of what he recovers for the client. In my experience it’s pitched between 33% and 50%. Recover £30,000 for your unfair dismissal, write out a cheque for [...] The new Equality Bill will, in addition to consolidating the diverse statutes that currently cover the area, introduce: A prohibition on age discrimination in providing goods and services; The first of these is of limited employment law [...] Nearlylegal links to (of course) a housing case, Mayor and Burgesses of the London Borough of Lewisham v Malcolm, UKHL, but there is some interesting comment on choice of comparator in discrimination. This is relevant to employment discrimination claims, as well as claims on goods and services which can also be brought against employers. Like NL, [...] Can an employer enforce garden leave absent a specific power in the contract of employment? Lawyers are always cautious on advising on enforcement of garden leave, as if in excluding the employee from work the employer puts itself in breach of any express or implied terms of the contract then the employee can resign without [...] I’m delighted that I’ve at last spent 30 seconds stealing being inspired by Nick Holmes‘ use of a Yahoo Pipe to provide a good rss feed from bailii. The fruits of my labours are available on the side bar, or here as a feed you can use yourself. I subscribe to the feed at http://wordpress.com/tag/employment/, which I’d only recommend if you’re adept at speed-reading: the amount of content with that tag is too high, and 95% of posts are of little or no interest to the British employment law enthusiast. It does however turn up the odd gem – such as a particularly irate [...] This is a very interesting Comment is Free piece from an American trade union leader. It would seem that as Tesco expands into America, it has adopted a very American view of trade unions. Collective bargaining is, if anything, more important in the US than it is here. True to their nature, US regulation is [...] Twitter is the social networking phenomenon de jour. I’m on there, see: http://twitter.com/u_employed Now I’ve joined and mentioned it to people, I see with a groan that it puts up stats as to how many ‘followers’ I have. Cue months of embarassment caused by lack of friends. An odd situation arises from the finding in Oyarce v Cheshire County Council [2008] EWCA Civ 434. In most discrimination cases, all the Claimant need do to prove facts that would, in the absence of an adequate explanation, support his claim. The burden of proof then moves to the Respondent to disprove those facts or [...] Croke v Leeds City Council [2008] UKEAT 0512_07_2905 is a good example of a Tribunal’s decision to strike out (without hearing evidence) a discrimination case which had no reasonable prospect of success being upheld. A strike out is a draconian step for any tribunal to take, as it effectively prevents the Claimant having a full [...] |
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