Thursday 27 January 2000

Race Relations Bill / new EAT Decisions

CONTENTS

1. Race Relations (Amendment) Bill - government announces will include bar on indirect discrimination
2. New EAT decisions
3. Advertisement


1. RACE RELATIONS (AMENDMENT) BILL

The government has announced this afternoon that it will table an amendment to the Race Relations (Amendment) Bill so as to include rendering indirect discrimination by public bodies unlawful (previously only direct discrimination was included). The Bill prevents racial discrimination by public bodies in connection with acts not covered by the RRA 1976, eg the implementation of central and local government's regulatory, economic and social policies as well as law enforcement.

The details of the amendment are likely to be put out to public consultation shortly.



2. NEW EAT DECISIONS

The following cases have recently been placed on the EAT website recently. The transcripts can be downloaded from http://wood.ccta.gov.uk/eat/eatjudgments.nsf


Asahi Diamoud Industrial Co v Barrier [HHJ Peter Clark, 21.10.99]: It is possible for an employee to work under two separate contracts of employment - one with a French company, another with an associated English company. If the work performed for the English company is in the UK, the tribunal has jurisdiction on an unfair dismissal claim against that English company, eben if he normally works outside the UK when working for the French company. A rather unexciting decision, except for the upholding of jurisdiction by finding, as a fact, that two separate contracts of employment existed.


Chambers v Cromwell Group (HHJ Wilson, 4.11.99): Mr Chamber's contract of employment provided that both he and his employer would pay 3% of his salary into a pension scheme. He received salary increases in April, but the pension contributions were not altered until September (being the year end for the pension scheme). He claimed that amounted to an unlawful deduction from wages. The employment tribunal found that there was no unlawful deduction (with the exception of one specific month, on its own facts). The employee appealed, and the EAT upheld the ET's decision that basing pension contributions on 3% of the old, not new, salary did not amount to an unlawful deduction.


3. ADVERTISEMENT

INVITATION TO FREE SEMINAR
Issues in Employment Law

CCH.New Law, in association with employment law specialists Victoria von Wachter (Warwick House Chambers) and Andrea Chute (Mitre House Chambers), are holding a free seminar covering the many changes to employment law introduced by the Employment Relations Act 1999.

Date: Monday 28th February 2000
Time: 5:30 - 7:30pm
Venue: Kingsway Hall, Great Queen Street, London, WC2B 5BZ

Topics to be covered include: the changes to maternity leave and the introduction of new family friendly rights together with the changes to individual employment rights and the new trade union recognition rules.

In addition to these interesting and highly informative talks, we will be demonstrating our new Employment Law Service. For more information go to www.cchnewlaw.co.uk

To book your place contact Steve Wymbs by 18th February on:

Tel: (01869) 872219 Email: wymbss@croner.cch.co.uk

N.B. Places are limited and will be dealt with on a first-come-first-serve basis. CPD accreditation applied for.

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