WorkLife entries posted during March 2014

Tribunal Top Tips

Tribunal Top Tips

"He who knows when he can fight and when he cannot will be victorious" – practical tips for respondents dealing with Tribunal litigation. Sun Tzu, a Chinese nobleman, wrote a short text on military strategy in the Second Century B.C. Some of his theories can be seen to apply equally to approaching Tribunal litigation. Employment Tribunal litigation can be stressful, expensive and time-consuming. Below, I set out a selection of practical tips to consider when dealing with case preparation or...

On the record: off the record. What’s said without prejudice stays without prejudice (or does it?)

On the record: off the record. What’s said without prejudice stays without prejudice (or does it?)

In  'Pre-termination settlement negotiations: good, bad or indifferent?' I touched on issues surrounding the limitations of the without prejudice rule.  The fairly robust decision of the EAT in Portnykh v Nomura International plc suggests I might have undersold the parameters of that rule.  Let’s have a look at how the facts of that case play out in practice:-

More Rehabilitating?

More Rehabilitating?

As Rachel reported in her post on 11 March , a number of changes to the Rehabilitation of Offenders Act 1974 came into force on 10 March 2014. Rachel summarised the changes in her post but I thought it would also be helpful to set out the specific changes in two tables (one dealing with adult offenders and one with young offenders):

Rough justice for surrogacy?

Rough justice for surrogacy?

Retreating from a sensitive preliminary Opinion by the Advocate-General, the CJEU ruled this week that a 'commissioning' mother, who receives a child via a surrogacy arrangement, does not have the right to maternity leave under the Pregnant Workers Directive ('PWD'). It further decided that denying that intended mother paid maternity leave would not amount to sex, pregnancy or maternity discrimination under the Equal Treatment Directive ('ETD').

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