IN THE NEWS THIS WEEK:
* No claims for alleged acts of discrimination occurring after dismissal
* Stobart's ordered to pay staff who lost jobs
* Europe looks set to demand more consultation with workers
* Calls for directive on fixed term workers to be delayed
* Steele & Co. Employment Law Briefings
* Steele & Co. Redundancy Training Workshop & Summer Employment Law
Update
NO CLAIMS FOR ALLEGED ACTS OF DISCRIMINATION OCCURRING AFTER DISMISSAL
* The Court of Appeal in the case of Christine Rhys-Harper v Relaxion
Group plc, 3rd May 2001, has held that claims cannot be brought under the
Sex Discrimination Act 1975 by ex-employees, in respect of alleged acts of
discrimination occurring after the dismissal.
* The Applicant was dismissed in October 1998. Shortly after dismissal
she raised allegations of sexual harassment by her manager whilst she was
employed. The Respondent held an investigation and rejected her complaint.
She claimed that the failure to allow her complaint was a detriment for
the purposes of the Sex Discrimination Act 1975.
* The Court of Appeal distinguished their decision from the ECJ in
Coote v Granada Hospitality, where it was held that a reference provided
after a dismissal was capable of founding a claim of victimisation under
the Sex Discrimination Act. The Court of Appeal held that this case
allowed only very limited categories of claims.
* The Court also referred to the Court of Appeal's reasoning in Post
Office v Adekeye, where the Court held that ex-employees could not claim
under the Race Relations Act 1976, holding that it should be followed when
considering non-victimisation claims under the Sex Discrimination Act
1975.
STOBART'S ORDERED TO PAY STAFF WHO LOST JOBS
* Loss-making haulage firm Eddie Stobart has suffered another
financial blow after being ordered to pay more than £100,000 to staff who
lost their jobs in a depot closure.
* Each of the 81 former employees who worked at Stobart's former site
in Stamford, Lincolnshire, are to receive 25 days' pay after the
Carlisle-based company failed to consult them properly over their
redundancies last December.
* Under employment law, the employer should have consulted with the
employees for a minimum period of 30 days' prior to being made redundant
to see if an alternative to closure could be found. But the company, which
does not recognise unions, failed to contact the employees' works
committee. Instead, it simply announced on December 1 that the depot was
closing at the end of that month.
* This case illustrates the importance of conducting meaningful
consultation as part of a redundancy process. The law imposes strict
duties and obligations on an employer carrying out a redundancy exercise,
with penalties for non-compliance.
* The London Employment Team are available to assist you with any
potential redundancy situation. Please contact Cheryl Edmonds or another
member of the London Employment Team for further advice on a strictly
confidential basis.
* The Employment Teams in London and Norwich are holding Redundancy
Workshops over the course of June and July. Dates and venues are given
below. Please contact us for more information.
EUROPE LOOKS SET TO DEMAND MORE CONSULTATION WITH WORKERS
* A crucial vote in Europe next month is likely to force employers in
the UK to consult their workforce in detail about redundancies and mergers
much earlier or face harsh penalties.
* Employment experts believe the European Council of Ministers is
poised to accept the EU directive on 11 June. It will force all companies
with more than 50 staff to consult their workforce on redundancies and the
sale of subsidiaries.
* If an agreement is reached, it could be formally adopted by the end
of this year and implemented across Europe as early as 2004.
* It is likely that employers will have to provide unions or workers'
representatives with much more detailed information on their firm's
financial position and potential changes that will affect the workforce.
CALLS FOR DIRECTIVE ON FIXED TERM WORKERS TO BE DELAYED
* Employers are demanding that the next government delay the
implementation of the Fixed Term Workers Regulations 2001 to allow them
time to meet its demands.
* The consultation period on the draft Regulations has now finished
and they are set to become law on 10 July.
* The Regulations are intended to prevent fixed term employees from
being less favorably treated than permanent employees. They also aim to
limit the practice of employing a member of staff through a series of
fixed term contracts in a "permanent" role but with reduced rights.
* If you would like more information on the draft Regulations, please
contact Cheryl Edmonds or another member of the London Employment Team.
STEELE & CO. EMPLOYMENT LAW BRIEFINGS
* The London Employment Team at Steele & Co. run a program of
employment law briefings on a range of hot topics. The program is set out
below. To attend or if you want more information, please contact a member
of the Team.
* The briefings, held at our offices off Gray's Inn Road, are smaller
and more intimate gatherings than our regular seminars. As with our
regular seminars, we encourage discussion and give you an opportunity to
share views and ideas with like minded professionals.
* We look forward to seeing you.
Briefing
Repeat Briefing
Managing Redundancies & Business Reorganisations Thursday 21.6.01
Wednesday 8.8.01
Dealing with Poor Performance Friday 13.7.01
Tuesday 9.10.01
Dealing with long term sickness absence Tuesday
4.9.01 Tuesday 6.11.01
STEELE & CO. REDUNDANCY TRAINING WORKSHOP & SUMMER EMPLOYMENT LAW UPDATE
* The London and Norwich Employment Teams are running a series of
Redundancy Training Workshops & Summer Employment Law Updates over the
course of June and July. The program is given below. To attend or if you
want more information, please contact us.
Ipswich 21st June Forte Posthouse, Ipswich
Norwich 26th June Park Farm, Hethersett
London 10th July EEF Broadway House Hotel, Tothill St, St James's Park, London
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