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Weekly issue 93 - October 2004

Labour & European Law Review Download issue

In the news

Following a consultation on employment tribunal procedures, the Government has decided to stop publishing the public register of tribunal applications.

Time flies for trainee solicitor

There are fairly strict time limits for lodging a claim with an employment tribunal, although in certain circumstances they can be extended if it's 'just and equitable to do so'. In Chohan v Derby Law Centre (2004, IRLR 685), the tribunal didn't think it was but the employment appeal tribunal (EAT) has just disagreed. The case was backed by Thompsons.

Sick of disability

Following an important decision by the Court of Appeal in Nottingham County Council v Meikle (2004, IRLR 703), trade unions will now be able to argue that extending a sick pay scheme may be a reasonable adjustment under the disability legislation. The Court of Appeal also confirmed that applicants can claim constructive dismissal under the Disability Discrimination Act (DDA).

Changing terms and conditions

A solicitor from Thompsons' Employment Rights Unit in Belfast, looks at the general principles relating to variation of contract and answers some commonly asked questions.

Building up regulations

The Working Time Regulations give workers the right to four weeks' annual holiday. But who exactly is a worker? In the case of Redrow Homes (Yorkshire) Ltd v Wright; Redrow Homes (NW) Ltd v Roberts & Ors (2004, IRLR 720), the Court of Appeal has said that contract bricklayers are included in the definition.

Abroad with the MOD

English employment tribunals can only hear claims by employees who work in Great Britain. So what protection is there for people who work abroad?

Sexual offence

Although Scott v Commissioners of Inland Revenue (2004, IRLR 713) is not primarily a case about sexual harassment, the Court of Appeal has nonetheless made some valuable observations about how employers should deal with it.

Breaking glass

It is often difficult for applicants in discrimination cases to point to evidence that backs up their claim. The case of Rihal v London Borough of Ealing (IDS, 764; 2004, IRLR 642) is no exception. However, the Court of Appeal has just said that the tribunal was right to look at the wider picture and to include evidence that a glass ceiling operated in relation to non white employees.