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Dr Rosanna Cooper Profile and Articles
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1). Employment Law - Claims - Overseas Worker
In the case Saggar v Ministry of Defence [2005] , it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee's employment, is entitled to bring a discrimination claim in the UK . The claim can be brought even if the employee did no further work in Britain ...
2). Employment Law - Excessive Working Hours - Breach of Duty of Care
n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.
Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the...
3). Employment Law - Unfair Dismissal - Constructive Dismissal
The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fundamentally breached by such changes to her duties imposed by her employer. The Tribunal upheld t...
4). Employment Law: Attendance Rewards - Legal Ramifications
If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law.
The Royal Mail introduced a rewards scheme for staff that did not to take time off sick. Under the Royal M...
5). Employment Law: Sex Discrimination - Justification - Margin of Discretion
In the case of Hardys and Hansons plc v Lax [2005] EWCA Civ 846 (Court of Appeal), the appellant employers were brewers who ran a chain of public houses. The respondent was employed by the appellant and subsequently took maternity leave, and during this time, she put in a request to her employer to job share her post of retail recruitment manager u...
6). Employment Law: Time Limits for Bringing Employment Tribunal Claims
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unf...
7). Employment Law: Unfair Dismissal - Constructive Dismissal - 'Last Straw'
The case of Bell v The Spirit Group Ltd [2005] concerned a claim for unfair and constructive dismissal. The employment tribunal held that a series of acts, by the employer, cumulatively amounted to repudiation of the employee's contract of employment.
The employee was a manager of a national chain of pubs and restaurants. He brought a ...
8). Employment Law: Unfair Dismissal - Employer Succeeded in Changing Terms of Employment
Good News for Employers wishing to change the terms of employment of employees, however, employers must still take care.
In Scott & Co v Richardson [2005], the Dependant, Mr Richardson, who worked for a Scottish firm of debt collectors, refused to accept his new terms of employment which required him to visit defaulting debtors during ...
9). Information Technology - Wrongful Termination of Contract
The defendant, Steria, terminated the agreement with Peregrine Systems alleging that it was entitled to terminate the contract between the parties as a result of delays and commercial misstatements. Steria also claimed damages from Peregrine.
In return, Peregrine brought proceedings against Steria for money owed under the contract. In...
10). IT - Negotiating certain Terms in IT Contracts
n Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.
The Serious Fraud Office (“SFO”) hired Vogan International Limited (“Vogon”) to retrieve email data from computerised tapes used during a criminal investigation. P...
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