June 2012 #131 – Law Journals

Employment Law Reform: Queen’s Speech sheds light on new legislative framework

Jemima Coleman considers the next steps in the government’s proposed overhaul of employment legislation ‘Although the government’s intentions may be laudable, the proposed changes are complex and wide-ranging, which will inevitably lead to a period of uncertainty for both employers and employees.’ The Queen’s Speech on 9 May 2012 gave employment lawyers an insight into …

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Age Discrimination: Supreme Court gives landmark retirement rulings

Christopher Hitchins analyses the eagerly awaited decisions in Seldon and Homer on justifying direct and indirect age discrimination ‘We now have Supreme Court guidance on legitimate aims and the scope for justifying direct discrimination on the grounds of age, particularly in the context of mandatory retirement ages.’The Supreme Court has recently handed down its judgments …

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Tribunal Procedure: A costly mistake

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Sarah Fitzpatrick looks at the lessons from recent case law on applying for a costs order ‘The EAT held that if a tribunal chooses not to have regard to means, it should have a reason for doing so and say what the reason is.’ A number of recent cases have highlighted the steps that parties …

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Redundancy Selection: Do employers need a bigger pool?

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The EAT has recently looked at whether a selection pool of one is a fair way of making employees redundant, report Dan Aherne and Hannah Shribman ‘One of the key elements of a fair redundancy process will be the identification of appropriate selection pools.’ This article focuses on the construction of selection pools in light …

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Equality Policies: Going global

Stephen Brown, Sarah Gadd and Emma Perkins weigh up the challenges and benefits for employers of implementing a single set of anti-discrimination standards across their international operations ‘A global business maintaining a higher standard across all its operations will attract better publicity, improving customer relations and aiding employee recruitment and retention.’ Employers with multi-jurisdictional operations …

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Data Protection Act: Avoiding fishing expeditions

A recent decision may provide some encouragement to employers seeking to resist compliance with subject access requests that they believe have been made for the purposes of actual or contemplated litigation, writes Charles Wynn-Evans ‘The person making a SAR is not obliged to (nor can the recipient of the request require them to) state why …

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