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Weekly Issue 25 - August 1998

Labour & European Law Review Download issue

Code breakers beware

Industrial Tribunals must take into account the ACAS Code of Practice on Disciplinary Practice and Procedures and a failure by employers to implement the Code will render any dismissal unfair say the Employment Appeal Tribunal.

Men benefit from women's equality

Jesuthasan v London Borough Council of Hammersmith & Fulham, Court of Appeal (1998) IRLR 373

Legislative measures which have been declared incompatible with European law because they have an indirectly discriminatory effect, must be disapplied for all employees regardless of sex, the Court of Appeal has held.

Rights for union members

FW Farnsworth Limited v Mcoid (1998) IRLR 362

The existing law does not provide union members and officials with adequate protection against victimisation by employers. This is partly because of changes introduced by the Conservatives and partly because of interpretation by the courts

Casual about employee status?

You might think that after 100 years the law would be clear as to who was - and who was not - an employee. But recent developments have shown that the picture is still far from clear.

Payment in lieu of notice: debt under contract or damages for breach of contract?

Gregory v Wallace (1998) IRLR 387, Court of Appeal

Is payment made in lieu of a notice period a debt due under contract as found in Abrahams v Performing Rights Society [1995] IRLR 486, or alternatively is it damages for breach of contract?

Deduction of wages for those working on a commission basis

Robertson v Blackstone Franks Investment Management Limited 1998, IRLR 376 Court of Appeal

Fairness at Work White Paper: family friendly policies

It is quite refreshing to see a chapter of an employment White Paper sincerely devoted to the conflicting pressures of work and parenthood and an acknowledgement of the need to adopt an integrated, rather than piecemeal approach. There is a clear identification of the issues in the employment field: low family incomes, excessively long working hours and greater flexibility for parents.