Weekly Issue 105 - November 2005

In the news

The Commission for Racial Equality has published its race equality scheme for 2005 to 2008, setting out the Commission's aims and the practical ways in which it plans to meet its duties under the Race Relations Act 1976.

Constructive architect

It is not easy to win a claim of constructive dismissal, but the employment appeal tribunal (EAT) has just said in Land Securities Trillium Ltd v Thornley (2005, IRLR 765) that the employer could not rely on a flexible clause in her contract to completely change her job description.

Repent at leisure

To establish that an employer has breached a fundamental term of the contract, the employee has to show that it is, in fact, already a contract term and not just a statement of intent.

Fixing the terms four years on

In October 2002, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came into force.

Sickening for justice

Under European legislation, women have the right to be paid the same as men doing the same work or work of equal value. Women also have the right not to be discriminated against "particularly as regards pregnancy and maternity".

Exposed to discrimination

Under the Disability Discrimination Act (DDA), there are a number of excluded conditions such as a tendency to physical or sexual abuse of other people, exhibitionism or a tendency to set fires.

Consult in time

It is well established under the Trade Union and Labour Relations (Consolidation) Act 1992 that employers have to consult "in good time" with their workforce before making redundancies.

The stress of it all

Despite the success of a few high profile cases, negligence claims for stress at work remain notoriously difficult to prove.