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Up to date December 2007

 

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This update is not intended as a statement of law and should not be taken as such. This newsletter is for information purposes only.  Its contents do not constitute legal advice and should not be regarded as a substitute for detailed advice in individual cases.

If you require further advice or assistance on any other matter please contact Judith Harris tel: 020 7788 5171, Andrew Chamberlain tel: 0161 934 6444, Michael Leftley tel: 020 7788 5079 or Robert Riley tel: 0113 209 2353. 
  
 
 

The repeal of the statutory dispute resolution procedures: the new proposals

The Employment Bill, published by the House of Lords on 6 December, sets out proposals for the repeal of the statutory dispute resolution procedures.

Age discrimination: why Heyday presents a risk to the private sector

In November's Uptodate, we reported the EAT's decision in Johns v Solent, and the impact on employers of relying on the default retirement age in the Employment Equality (Age) Regulations 2006 (the Age Regulations). Now that the EAT's full decision in Johns v Solent is available, we have some more clarity around the impact of this decision for employers who wish to retire employees compulsorily.

High Court clarifies scope of Subject Access Rights under the Data Protection Act 1998

In its recent judgment in Ezsias v Welsh Ministers [2007] All ER (D) 65 the High Court has given some much needed clarity and guidance on the lengths to which organisations must go when complying with data subject access requests. This guidance is particularly relevant against a background of growing concerns over data security and an increased awareness of rights, on the part of data subjects, and a willingness to exercise them.

TUPE and offshoring: TUPE can apply to a transfer overseas

In the first case to consider the application of TUPE to an international transfer of an undertaking, the EAT has decided that TUPE can apply, in principle, to an offshoring. This is notwithstanding the fact that the business in question transferred outside the European Union.

What's on the horizon in 2008?

We are anticipating a number of important legislative and case law developments during 2008. This is a summary of the main ones to watch.

 
 
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