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12 July 2007 / Elliot Gold , Alastair Hodge
Issue: 7281 / Categories: Features , Employment
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Coming off the rails

Flaws in statutory grievance and disciplinary procedures mean cases may have to be reheard, say Alastair Hodge and Elliot Gold

Lawyers and judges, one presumes, take the train just like everyone else. So we should all know how complicated and awkward the ticket system can be. It is easy to know where one wants to go. Finding the right ticket to ride, however, can be another matter. With this thought in mind, Parliament, in its wisdom, appears to have brought the same simplicity and elegance to the employment tribunals in the form of the statutory grievance and disciplinary procedures. We all know that a claimant wants to take the train to the tribunal. The problem, however, is which of the various types of ticket they have to purchase. And also, whether the government is trying to price them off the trains altogether.

Lawrence v Prison Service
 

In Lawrence v Prison Service [2007] UKEAT/630/06, the Employment Appeal Tribunal (EAT) started its judgment by declaring that the appeal raised “yet again a problem

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

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The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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