Counter Assertion

Jonathan Exten-Wright, a partner and employment expert at DLA Piper has warned the Government of extending the unfair dismissal rules to be problematic, as it is too prejudiced against the female working force. The lawyer cautioned the government that the changed two-year eligibility period for unfair dismissals could be disputed in the Court for making a gender bias, as it has already been witnessed being done more than a decade ago.

The lawyer cited figures, which show that quite a large number of female employees, take and leave jobs, suiting their childcare duties. This number is quite larger than the male population who tend to continue their jobs for a longer timeframe. Hence introducing a two-year eligibility period for unfair dismissals would adversely affect working women while also incidentally being biased against women.

He pointed out to a revolutionary case won by Seymour Smith against the Secretary of State for Employment in the 1999-2000 contesting the two-year eligibility period for unfair dismissals. The two-year period for unfair dismissals was introduced in 1980s. The case was contested by Seymour Smith based on the fact that the two-year period was fairly prejudiced against women. ECJ also confirmed the same, by stating that a significantly less ratio of women work for continuous two-years, thus not conforming to the very eligibility criteria. Comparatively men fare much better as they conform to this criterion by staying longer at their workplace. ECJ also noted that the unequal and biased treatment against women can be displayed to be lengthy and continuous, however a less and vague ratio would be adequate for making the verdict.

After hearing both the disputing parties, the House of Lords eventually felt that the case filed by Ms Seymour Smith was acceptable and that the two-year eligibility period for unfair dismissals was incorrect. In 1999, the eligibility period was decreased to one-year.

The lawyer also stated that increasing the eligibility period for unfair dismissals could observe a fresh and similar kind of case being brought up again against the Government.

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Negligence by Epsco Ltd in providing a secure working condition for their employees had resulted in the death of one of their workers more than four years back. The HSE had taken the Perth-based firm to Court viewing this serious violation of health and safety, leading to the death of their worker.

In a recent court hearing, the Mold Crown Court declared the company guilty of violating one duty under Section 2 (1) of the Health and Safety at Work Act 1974. Though the firm pleaded guilty to the charges, the Court ordered Epsco Ltd to pay £35,000 in fines plus £120,000 as prosecution charges.

The unfortunate incident occurred on 27th August 2007, when Michael Benn along with his group of two co-workers went inside the cesspool of the cooling tower at the Connah’s Quay Power Station in North Wales with an intention to cleanse the cesspool. The 35-year-old was tasked to remove dirt and muck from the cesspool filled with dirty water, where he was found dead by his co-workers after sinking at the bottom of the cesspool.

A subsequent inquiry by the HSE inspectors revealed that the bounded area where Mr Benn was working was quite damp, slippery and received very scarce lighting facilities. Mr Benn had entered the bounded area to measure the water depth in the cesspool. It was only when his co-workers heard Mr Benn’s disturbed cries for help, that they entered the cesspool. However, Mr Benn seemed to have gone missing. After some time, his body was found sunk inside the bottom of the cesspool. The HSE sued Epsco Ltd for not safeguarding workers by failing to have adequate safety system at their workplace.

Chief Inspector at HSE, Colin Mew stated that this unfortunate episode was very preventable if Epsco Ltd had been more cautious in their work approach. The company should have expected Mr Benn or his co-workers to enter the cesspool during the task that they were doing. The danger of working in such conditions was quite evident to any attentive firm.

Adding further Colin Mew stated the firm was very negligent in setting up a secure working system, as the bounded area of the cesspool was damp, slippery, had scarce lighting arrangements and was very noisy.

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The $2bn (£1.28bn) legal series between European oligarchs Boris Berezovksy and Roman Abramovich is anticpated to be one of the biggest situations of 2011. The road for the High The courtroom has been rocky for each party, but their own is an archetypal fight that has trapped the attention of the marketplace for more than only legal factors.

Berezovsky statements in the suit that Abramovich utilized “threats and intimidation” to force him to trade shares inside oil company Sibneft with a fraction of their value. Berezovsky distributed Abramovich the Sibneft position for $1.3bn between 2001 along with 2003.

graham huntley lawyer’s legal team has attempted, on more than one situation, to have Berezovsky’s boasts against him thrown out because of the fact that he offers insufficient evidence to compliment them.

To understand the background to the dispute, allow us to rewind on the mid-1990s, when a brand-new breed of Russian oligarch began their own rise to the top.

It is usually alleged that will Putin himself wanted handle and state officers threatened to imprison Berezovsky in the event that he declined to give throughout.

Patarkatsishvili’s widow Inna Gudavadze became mixed up in the strip after her husband died unexpectedly in Feb . 2008. Berezovsky and Patarkatsishvili had released publicly that they were to split his or her assets in 2001. However, Berezovsky now promises that was only a ruse made to lift politics pressure becoming put on them with the Kremlin. He boasts he is owed half of the particular Patarkatsishvili estate.

In their bones argument, Berezovsky’s lawyers argued that Abramovich’s strike-out application was absurd. “The suggestion that the court should conclude that will Mr Berezovsky’s assert has no sensible prospect regarding success judging by inferences from putative undisclosed documents will be frankly silly, and is another obvious indication of the misdirected nature of Mr Abramovich’s application,” they said.

It was a great month regarding Berezovsky. Just several weeks later Colman M said the actual “complexity and multiplicity involving issues” of his claim intended it was “exactly the kind of claim” that is unacceptable for software under [the principles that give all judges power to hit out claims].”

“He didn’t have the ready means to pay the shipbuilding agreement instalments as they dropped due, of course, if he still did not pay any of them by the payment date he was to lose a minimum of a substantial portion of his investment in the yacht,” the determine added.

The taking over was handed straight down just several weeks after Berezovsky’s wife, Galina, was naturally a divorce from your billionaire, leaving her able to assert £100m of his / her estate. The former Mrs Berezovsky instructed Mishcon signifiant Reya to signify her pursuits. The couple have been married regarding 18 a long time but had been separated with regard to 16.

In the second case of corporate manslaughter, the Lion Steel Equipment Ltd. has been prosecuted and a preliminary hearing has been held at the Manchester Crown Court. The 3 directors of the firm have been charged of gross negligence and corporate manslaughter, when a fall from roof at the site of firm led to death of an employee.

Paul Verrico, Eversheds law firm Associate, commented on the case that this has become interesting as Lion Steel is a medium organization employing more than a 100 people. This is the 2nd case of corporate manslaughter and only one before this held Cotswold Geotechnical Holdings Ltd as a convict. However, Cotswold Geotechnical was a small firm with only 5 or even less employees and was convicted under the act - Corporate Manslaughter and Corporate Homicide Act 2007.

Some of the issues with corporate manslaughter are possibly to be cleared with the heading of the Lion Steel case. The issues relating to the case would be - who makes a senior manager; how the judges will decide on the attitudes and standard practices what forms a major portion of the firm’s undertaking.

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