Insights

In a somewhat worrying decision for employers, the EAT in the case of Department for Work and Pensions v Hall has upheld a tribunal's decision that the employer had constructive knowledge of an employee's disability, even though she had not specifically informed them of it. The EAT found that in dismissing the employee for misconduct, the employer had treated her less favourably on the grounds of her disability and had failed to consider the question of reasonable adjustments.

The White Paper on planning in Scotland - Modernising the Planning System - was published by the Scottish Executive in June.  The key aims are to create a viable modern planning system for Scotland that is fit for its purpose, efficient, inclusive and sustainable.  Although the measures contained in the White Paper still need to be formalised in legislation, it is clear that the forthcoming Planning Bill – due to be produced in the current parliamentary session – will have significant implications for developers.  This article highlights those proposals of most significance to the developme

ACAS has published a guidance booklet on the "Model Workplace" which
suggests how managers, employers and their representatives can make
their workplaces more effective. ACAS has opined that this publication
is "one of the most important that ACAS has produced."

The Model is entirely voluntary but can be used by employers to
assess the effectiveness of their employment relationships and to
identify areas for improvement.

The recent case of Wiles v. Bothwell Castle Golf Club illustrates the fact that, in Scotland, it is not only pure public bodies that are subject to judicial review.  In particular, sporting bodies acting may also find themselves legally challenged by their members.

Although not yet law, the Equality Bill is making waves at Westminster, where it received its second reading in the House of Lords on 15 June 2005.  The Bill, which is likely to become an Act of Parliament in the not too distant future, looks set to herald a sea change in the way that issues of equality are dealt with in the UK. 

In 2004, Elizabeth Weston, was awarded £500,000 for sex discrimination against her former employers, Merrill Lynch. Last month her separate claim for victimisation was dropped and she was ordered to pay Merrill Lynch £150,000 in legal fees.

It has been reported that Weston is now being sued by her former lawyer, Gillian Howard, who represented her in her sex discrimination claim. Howard is claiming for unpaid legal fees. Weston, who used Fox Williams in respect of her second claim, has now appointed a third solicitor, Bankside Commercial in respect of the latest case.

The Employment Appeal Tribunal (EAT), in the case of The Wise Group (TWG) v Mitchell (M), was faced with the issue of an employee who was summarily dismissed in breach of contract and who would have had the necessary one year's service to bring a claim for unfair dismissal had the contractual disciplinary procedure been followed.

Council Regulation (EC) 6/2002 of 12 December 2001 on Community Designs introduced registered and unregistered design rights covering the entire European Union.  Previously designers had to bring separate court actions under the laws of each country where their designs were being infringed.

Further to our previous bulletin updates in March and May of this year in relation to offshore workers, Union leaders have been successful in the preliminary stage of litigation in respect of holiday pay.

The Working Time Directive, adopted on health and safety grounds, came into force in 1998 and provides UK workers with the right to 4 weeks' paid annual leave as well as other rights in respect of working hours and rest breaks.

This article reflects on The Framework Agreement which has paved the way for unprecedented co-operation between the UK and Norway on North Sea projects.

This article considers the new right of appeal against decisions by Ofgem relating to the modification of certain energy codes.  This move represents a significant development in regulatory certainty and accountability of gas and electricity markets

This article summarises the proposals put forward by the DTI, in its recent consultation paper on the licensing of organisations operating gas and electricity interconnectors within the UK.

On 21 June 2005, the DTI released a statutory consultation paper covering the licensing of organisations operating existing gas and electricity interconnectors partly or wholly within the UK. This was in response to a number of regulatory issues which came to light after the DTI released its final version of standard licence conditions for interconnectors in March of this year.