Welcome to our July edition

Three new government consultation procedures illustrate the ever-changing face of employment law. These concern statutory paternity leave, the introduction of a single Equality Act, and the question of procedural fairness in cases of unfair dismissal. This month’s Q&A focuses on some legal terminology, particularly “Without Prejudice” correspondence.

Focus on Part-time Workers

The Scottish Court of Session has ruled that an employer, which operated a policy of not giving part-time workers days off in lieu for bank holidays falling on a Monday if they did not normally work on Monday, did not discriminate unlawfully contrary to the Part-Time Workers Regulations. Learn more.

Q&A

1. What does “Without Prejudice” correspondence refer to?“Without Prejudice” documents relate to all negotiations genuinely aimed at a settlement between the parties. Learn more.

2. What about “Without Prejudice Save as to Costs”?
The courts cannot order disclosure of Without Prejudice negotiations or documents unless all parties agree. This can mean that the court, when assessing costs, cannot decide whether one side or the other was unreasonable in its actions. Learn more.

3. So what is a “Privileged” document?
“Privileged” documents are those that a party is not obliged to disclose. Learn more.

4. So Without Prejudice correspondence is always off the record unless both parties agree to the contrary?
Yes. However, without Prejudice discussions and correspondence should be carried out with the explicit and genuine aim of settling the dispute – not simply as a shield for other purposes. Learn more.

5. Are there any other issues relating to Without Prejudice correspondence?
The case of BNP Paribas emphasised that Without Prejudice correspondence should be carried out specifically in view of avoiding litigation which has serious implications for termination of employment negotiations. Learn more.

Case Round Up

Maternity Leave Returners

Legislation

Consultation concerning three major aspects of the employment law field have recently been initiated. 

Statutory Paternity Leave

The DTI has issued a further consultation paper on the implementation of statutory paternity leave and pay, which is intended to be implemented in 2009. Learn more.

Single Equality Act Proposals

The government has issued a consultation document containing proposals for amendments to the law and seeking views relating to the creation of a Single Equality Act. Learn more.

Procedural Fairness in Unfair Dismissal