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Entries for May 2013:

Failure to Comply with the ACAS Code of Practice

24 May 2013, 10:00 by Priya Bakshi

Labels: acas-code, barrister, complensation, employment-appeal-tribunal, employment-law, employment-tribunal, lawyer, solicitor

The Employment Appeal Tribunal (EAT) held in the case of Lund v St Edmund's School that the increase in compensation due to a breach of the ACAS Code of Practice applies to "some other substantial reason" dismissals.

Mr Lund was a school teacher and was dismissed as the school had lost confidence in him, through alienating his colleagues and affecting morale. The Employment Tribunal (ET) found that his dismissal was for "some other substantial reason," but was procedurally and substantively unfair; thus failing to act in accordance with the ACAS Code.

Mr Lund was awarded compensation but this was reduced on ground of contributory fault. However the ET made no uplift for the breach of the ACAS Code under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for two reasons: Mr Lund's dismissal had been for "some other substantial reason", and he had "contributed so substantially to his own dismissal". Mr Lund appealed on this point.

On appeal, the EAT held that Mr Lund should not have been denied an uplift on his compensation award. Firstly, the employee's claim did concern conduct on his part, namely the effect of his conduct on others. This is what led to his dismissal and so, the ACAS Code applied. Secondly, when considering whether to make an uplift on the compensation award for an employer failing to comply with the ACAS Code, the ET should not have taken into account contributory fault. Mr Lund may have contributed to his dismissal but he did not contribute to his employer's failure to act in accordance with the ACAS Code. To deny him an uplift on the remainder of his compensatory award amounted to him being penalised twice over.

 

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The Expansion of Direct Access Work

15 May 2013, 15:57 by Priya Bakshi

Labels: barrister, direct-access, junior-barristers, legal, legal-aid, public-access, solicitor

Direct access allows you to instruct a barrister directly, without going
through a solicitor. The Legal Services Board has approved changes to rules governing direct access work.

From 1 April 2013, barristers can take direct instructions from clients
who may be eligible for legal aid but have decided not to take up this option.

Further changes will also result in barristers of less than three years'
Call being able to deal directly with clients with the introduction of new
training. This will be in place by Autumn 2013. 

This will therefore allow more clients to go directly to a barrister,
and also allow junior barristers to undertake direct access work.

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New Walk Barristers Chambers Sponsors Leicester Tigers

08 May 2013, 17:44 by John Snell

Labels: barrister, barristers-chambers, contracts, cricket, direct-access, lawyer, leicester, leicester-tigers, personal-injury, public-access, rugby, solicitor, sports-law

New Walk Barristers Chambers sponsored the Leicester Tigers versus Wasps rugby game in April at Welford Road, Leicester. The day was a huge success and was topped off by a resounding win by the Leicester Tigers. The final score was 35 - 16. Chambers has previously sponsored Leicester Tigers and Leicestershire County Cricket Club and enjoys it's links with the sports world. Several Barristers at Chambers deal with sports law including contracts and personal injury and they can take instructions either from a solicitor or directly from a lay client under the direct access or public access rules.

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Paul McGrath wins Leicester University LLM Employment Law prize

08 May 2013, 16:36 by John Snell

Labels: compensation, direct-access, employment-appeal, employment-barrister, employment-law, employment-lawyer, employment-solicitor, getting-the-sack, public-access, sacked, unfair-dismissal

Paul McGrath is the winner of the Leicester University distance learning LLM Employment Law New Walk Chambers Prize. His dissertation was described by his supervisor as a "highly commendable piece of work". It was titled 'Band on the Run' and it related to the law of unfair dismissal. Paul McGrath is an associate with McDermott, Will & Emery in London.

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Displaying entries 1-4 of 4.



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