header-logo header-logo

Coming off the rails

12 July 2007 / Elliot Gold , Alastair Hodge
Issue: 7281 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll