September 2009 Archives - Employment Law Advocates

Christmas and New Year Office Closure

01-Dec-2011 / Employment Law Advocates / Comments Off

Our office will be closing for the holiday period at 12.00pm on Friday 23rd December 2011 and will reopen again until 10.00am on Tuesday 3rd January 2012. Advocates will be mostly unavailable but may have intermittent access to email or telephone during this period. If you are an existing client, please contact your Advocate directly by email or telephone. If you are a new client or are seeking advice, please email info@employmentlawadvocates.com or complete the enquiry form on our Contact Us page ...

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Even more Malcolm

29-Sep-2009 / James Medhurst / No Comments

The case of Eagle Place Services v Rudd had an unusual outcome in that the tribunal found direct disability discrimination but not disability-related discrimination. Both sides were not happy with the outcome, with the employer challenging the former finding and the employee challenging the latter. It was the cross-appeal which succeeded, with the effect that the claimant received a six-figure award. The reasoning of Judge Serota is throrough and sheds a great deal¬†of light on Malcolm and the relationship between the ...

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Aegon v Roberts

24-Sep-2009 / James Medhurst / No Comments

Further to this post, I can¬†report that the judgment of the Court of Appeal in this case is now available.

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Dark law – Barack Obama special

/ James Medhurst / No Comments

Barack Obama appeared US television this week on the Late Show with David Letterman. This followed accusations by his predecessor Jimmy Carter that criticism of his policies about healthcare reform were motivated by racism. When asked about this, Obama observed that, "I was black before the election." A simiar problem can arise in employment tribunal cases, especially where it is alleged that a dismissal is discriminatory. If an employer really wants to avoid having employees from, say,¬†a particular ethnic group, the ...

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The ECJ and holiday pay

16-Sep-2009 / James Medhurst / No Comments

There has already been a great deal of discussion about the decision of the European Court of Justice in Pereda v Madrid Movilidad, in which it was held that workers who become sick while on holiday can reclaim their supposedly¬†lost annual leave to be taken at a later date. Not surprisingly, much of the commentary¬†has¬†focused on the¬†fact that this may allow¬†some¬†people to¬†abuse the system, especially given the well-known sickness-inducing¬†properties of sangria.¬†In the past, I have largely¬†been willing to defend Luxembourg ...

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The Employment Law Years – 1985

15-Sep-2009 / James Medhurst / No Comments

Today, I am travelling in my DeLorean back to the year 1985, when Mikhail Gorbachev became leader of the Soviet Union, Boris Becker won Wimbledon as an unseeded 17-year-old, and the mobile phone was introduced into the UK by a tiny company called Racal-Vodaphone. Number one singles included 'Nineteen' by Paul Hardcastle, 'The Power of Love' by Jennifer Rush, and 'Dancing in the Street', from the Live Aid concert, by David Bowie and Mick Jagger. In employment law, it was ...

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