May 2011 #120 – Law Journals

TUPE: From a question of fact to an absolute rule

In OTG v Barke, the EAT has clarified the application of TUPE to pre-pack administrations, as Suzanne Horne explains ‘The Employment Appeal Tribunal has now held that TUPE does apply to pre-pack sales because it applies to all administrations.’ Any lawyer who has ever advised on the employment law aspects of a pre-packaged sale in …

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Protection From Harassment Act: An alternative route for claimants

Marc Jones and Mandeep Kalsi investigate the increasing use of the PHA in workplace bullying claims ‘To establish a harassment claim under the PHA, the claimant must show a “course of conduct”. However, under the Equality Act, an isolated incident will be deemed sufficient.’ The Equality Act 2010 provides a mechanism for employees to pursue …

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Bonuses: Be careful what you draft for

Charles Wynn-Evans reports on some recent decisions that demonstrate the need for care in drawing up explicit bonus provisions The Court of Appeal decision in Commerzbank Ag v Keen [2006] made it more difficult to challenge employers’ power to award discretionary bonuses. It was held in that decision that to argue successfully that a discretionary …

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Occupational Requirement: Casting confusion

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Is it permissible under the Equality Act to employ an all-white cast on the grounds of authenticity, asks Andrea Nicholls ‘Although the boundaries of what constitutes a “genuine occupational qualification” have been pushed back over the years, there has been general acceptance that, for authenticity, discriminatory casting decisions may be made for dramatic performances.’ There …

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Gender Equality: Increasing boardroom diversity

Anne Sammon considers the potential impact on employers if the government implements the recommendations in the Davies report ‘To attain higher levels of female board participation, companies may need to consider using the positive action measures in the Equality Act 2010.’ The Davies report on ‘Women on Boards’ has generated debate around the issue of …

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Legal Expense Insurance: Panel game

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Richard Hanson-Jones looks at how claimants are under increasing pressure to use a panel lawyer selected by their insurer rather than an expert of their own choosing ‘Choice of lawyer is perhaps the most obvious area where disputes arise between insurers and their policyholders, and as practitioners dealing largely with first-party insurance disputes for the …

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Dispute Resolution: Are arbitration clauses unlawful?

Julian Yew reviews a recent case in which the High Court was asked for an injunction to prevent an employee from pursuing a claim while arbitration took place Employers’ ability to ‘contract out’ of their statutory obligations is limited by operation of law. In discrimination-related disputes, s144 Equality Act 2010 provides that a term of …

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