Labour & European Law Review
05 August 1998
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.
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.
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
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.
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  IRLR 486, or alternatively is it damages for breach of contract?
Robertson v Blackstone Franks Investment Management Limited 1998, IRLR 376 Court of Appeal
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.