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Weekly issue 92 - September 2004

Labour & European Law Review Download issue

In the news

The Advisory, Conciliation and Arbitration Service (ACAS) has issued a user friendly code of practice on disciplinary and grievance procedures in the workplace.

Blowing the whistle

The Court of Appeal has just decided in Street v Derbyshire Unemployed Workers Centre that whistleblowers will only be protected if their main aim is to right a wrong that has occurred. The case essentially turned on the meaning of the requirement of 'good faith' in making disclosures in the public interest so that they are 'protected' disclosures under the legislation.

Adjusting for disability

The House of Lords has made an important decision in the case of Archibald v Fife Council (2004, IRLR 651) about the definition and scope of an employer's duty to make reasonable adjustments under the Disability Discrimination Act 1995. In particular, it said that the duty arises even if an employee becomes totally incapable of doing the job for which she is employed if she could do another job for that employer.

The EU constitution: a trade union issue

On 18 June 2004, the member states of the EU adopted a draft treaty establishing a Constitution for Europe. Although this may not seem to have much to do with trade unions, it will have important implications for the labour movement. Brian Bercusson, Professor of Law at King's College, London and Director of Thompsons European Law Unit, explains.

Appealing dismissal for an unwanted job

Unfortunately for applicants, tribunals can reduce the amount of an unfair dismissal award if they fail to appeal against a decision to dismiss them.

A taxing matter

When employees receive a lump sum to compensate them for loss of a benefit at work, they don't expect to pay tax on it. So it's good news for employees that the High Court has just confirmed - in the case of Wilson (HM Inspector of Taxes) v Clayton (2004, IRLR 611) - that they don't have to.

Fighting fire with...the law

Under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part-timers have to be treated the same as full-timers, if they do similar work.

Excessive part-timers

The European Court of Justice (ECJ) has decided in Elsner-Lakeberg v Land Nordrhein-Westfalen (IDS Brief 760) that having the same threshold for triggering additional pay for both part-time and full-time teachers could amount to indirect sex discrimination.