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1 – 10 of over 3000Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect of this…
Abstract
Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect of this jurisdiction, unfair dismissal, is examined here. Basic principles related to the law of unfair dismissal are examined. The practice and procedure of an industrial tribunal solely in connection with unfair dismissal cases are examined in greater detail. A case study is used to illustrate the important aspects of procedure. Appendices give relevant forms and extracts from the appropriate Code of Practice.
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John Watts and Robin Mackenzie
The purpose of this paper is to discuss and examine the implications of holding mental health tribunals in public.
Abstract
Purpose
The purpose of this paper is to discuss and examine the implications of holding mental health tribunals in public.
Design/methodology/approach
The paper discusses the functioning of tribunals, compares tribunals with other legal processes in the UK and elsewhere, and reviews the legal reasoning for holding tribunal hearings in public.
Findings
The first tribunal hearing has already been held in public and another public hearing is agreed. Public hearings should allow for greater transparency and scrutiny than has thus far been possible, and may change the behaviour of attendees.
Originality/value
Public tribunal hearings have not yet been widely discussed in the academic literature, yet are expected to have implications for all involved.
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To consider the recommendations made by the Financial Services Authority (FSA) enforcement process review (the review).
Abstract
Purpose
To consider the recommendations made by the Financial Services Authority (FSA) enforcement process review (the review).
Design/methodology/approach
This paper has considered the concerns raised by the Financial Services and Markets Tribunal in the Legal & General case, the reaction of the FSA to those concerns and the terms of reference for the review, plus the impact of the review's 44 recommendations.
Findings
That the recommendations will bring greater transparency to the FSA's process of investigating regulatory breaches and taking enforcement action against firms and individuals, although it may take some time for the regulator and the city to adapt to the revised enforcement process.
Originality/value
This paper will be of interest to firms and individuals in the regulated sector and regulatory lawyers interested in the FSA's enforcement process.
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Examines dispute resolution in Britain and in particular,third‐party intervention, notably conciliation, mediation andarbitration as provided by the Advisory, Conciliation and…
Abstract
Examines dispute resolution in Britain and in particular, third‐party intervention, notably conciliation, mediation and arbitration as provided by the Advisory, Conciliation and Arbitration Service (ACAS). Examines the role of industrial tribunals and makes a comparison with arbitration. Draws attention to recent trends in dispute resolution in Britain and in particular the rise in individual conciliation cases as British workers exercise their new found rights under European Union (EU) law. Comments on possible reforms to the system of dispute resolution in Britain.
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Discusses why there should be mechanisms for the settlement of valuationdisputes. The various forms are: the Lands Tribunals in the UK; localtribunals and courts; arbitrations;…
Abstract
Discusses why there should be mechanisms for the settlement of valuation disputes. The various forms are: the Lands Tribunals in the UK; local tribunals and courts; arbitrations; pre‐trial reviews; mediation or conciliation; the role of the valuer when involved in litigation; the role of the bench. Suggests a possible system – local tribunals without power to award costs; appeals to a technical tribunal, hearings being de novo, the tribunal having power to award costs; appeals thereafter to the courts on points of law only. Looks at: the differences between the roles of the advocate and the expert witness and the duties of an expert witness. Gives an outline of the rules as to admissibility of valuation evidence; the leading cases and some practical points about giving evidence. Discusses combining the roles of expert witness and advocate.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
The recognition of indigenous law in the 1991 Colombian Constitution initiated significant social, political, and cultural transformations within indigenous communities. This…
Abstract
The recognition of indigenous law in the 1991 Colombian Constitution initiated significant social, political, and cultural transformations within indigenous communities. This article explores how the indigenous law of Pijao communities in Tolima is being constructed, imagined and (re)produced by indigenous leaders who are simultaneously staking out their own political position through an engagement with these processes. The article suggests that this new generation of indigenous leaders seeks to ground its political legitimacy by drawing on the (legal) realm of the state; at the same time, challenges to its legitimacy are also increasingly framed in a legal idiom.