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Weekly Issue 104 - October 2005

Labour & European Law Review Download issue

In the news

ACAS has recently produced a number of guides, which may be of interest to trade unions.
Redundancy Handling: The aim of this booklet is to provide guidance on how best to handle redundancies.

Award protection

In the event of redundancy, the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), says that employers have to consult with the union (or directly with their employees) to try to avoid dismissing anyone or, at least, keep the numbers to a minimum. If not, they may find themselves subject to a protective award.

TUPE transfer trouble

Under the Transfer of Undertakings (Protection of Employment) Regulations 1981, the transferor has an obligation to consult staff as soon as possible about a potential transfer.

Polkey moves on

Until the introduction of new dispute resolution rules in October last year, there was a particular question that tribunals were not allowed to ask in unfair dismissal claims.

Disabled by diabetes

Under section 4A of the Disability Discrimination Act 1995, employers have a duty to make reasonable adjustments to any provision, criteria or practice or any physical feature of the employer's premises which put a disabled person at a substantial disadvantage in comparison with people who are not disabled.

Midwives get maternal

It is well established in law that pregnant women employees or women on maternity leave are entitled to special protection.

Building up to dismissal

For a claim of constructive dismissal to succeed, the employee has to show that the employer breached a fundamental clause of their contract; that they resigned in response to that breach; and that they resigned fairly soon after the breach.

Politics of Race

The Race Relations Act applies to anyone discriminated against on the basis of their race, ethnic or national origins, colour or nationality (defined as "racial grounds").