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A Framework for Understanding CSR Programs

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E) Is the employee employed by a person within the excluded categories? That is, overseas governments which have sovereign immunity, share fishermen, police, certain seamen. (f) Is the employee over the normal retiring age for an employee holding the position he held? The normal retiring age may be set out in the contract of employment or derived from practice in the establishment. Differential retiring ages for men and women are unlawful (SDA 1986). (g) Has the employee excluded his rights to bring a claim by agreement?

If you are dissatisfied with the decision and consider that there is a prospect of overturning it, ask for an interlocutory hearing to be held. Either party may apply to have a party joined to the proceedings. Write to the ROET stating why it is necessary to effect the joinder. The ROET will probably give a decision by letter. Employment Tribunal Rules, r 17(1). The employment tribunal may also order one party to defend a claim on behalf of all 30 • • • • • • • • CAVENDISH PRACTICE NOTES persons having the same interest; Employment Tribunal Rules, r 17(3).

C) Does the employee have sufficient service? An employee must have at least one year’s continuous service in order to qualify to claim unfair dismissal, save for a dismissal on the ground of trade union membership activities, sex, disability and race discrimination, assertion of a statutory right and where a dismissal follows refusal by the employer to pay an employee who is suspended from work on medical grounds (when the employee need have been employed for only one month, in compliance with any law, regulation or code of practice providing for health and safety at work, ERA 1996, s 108(2)).

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