Cases within L

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    Law Debenture Trust Corp Plc v Hereward Philips (A Firm) [1999] PNLR 725 HC (1 report relating to this case)

    • In court 1999

      Date:
      1 January 2000

      Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

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    Law Hospital NHS Trust v Rush [2001] IRLR 611 CS (3 reports relating to this case)

    • Devil in the detail

      Date:
      1 March 2002

      The complexities of the Disability Discrimination Act make it easy to slip up in practice. There are areas in which occupational health and personnel practitioners really need to be on their toes

    • Work activities to be taken into account

      Date:
      1 September 2001

      In Law Hospital NHS Trust v Rush the Court of Session has ruled that evidence of the nature of an applicant's duties at work, and the way in which they are performed can be relevant to whether they meet the statutory definition of a disabled person.

    • Disability discrimination: Evidence of how "disabled" employees perform at work can affect their credibility

      Date:
      15 July 2001

      On the basis of the evidence led before an employment tribunal, and the tribunal's assessment of the applicant's credibility, its decision that she had a disability for the purposes of the Disability Discrimination Act 1995 was plainly right, holds the Inner House, Court of Session in Law Hospital NHS Trust v Rush.

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    Law Society and others v Bahl [2003] IRLR 640 EAT (2 reports relating to this case)

    • Law Society and others v Bahl

      Date:
      1 October 2004

      In Law Society and others v Bahl [2003] IRLR 640 EAT, the Employment Appeal Tribunal held that an inference of discrimination cannot be drawn simply from the fact that an employer has behaved badly towards an employee. It must be shown that the treatment is worse than that given to a comparator.

    • Determining whether discrimination has occurred

      Date:
      1 November 2003

      In The Law Society v Bahl (31 July 2003), the EAT reminds tribunals that unfair and unreasonable treatment does not justify drawing an inference of discrimination.

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    Lawal v Northern Spirit Ltd [2002] IRLR 228 EAT (1 report relating to this case)

    • Procedure: EAT panel satisfied objective test of impartiality

      Date:
      13 May 2002

      In Lawal v Northern Spirit Ltd, the EAT holds that an appellant's right under article 6 of the European Convention on Human Rights to a fair hearing by an independent and impartial tribunal was not breached merely because a recorder (or part-time judge) was to appear as counsel before an EAT panel that included a lay member who had previously sat with that recorder in his or her capacity as part-time judge in the EAT.

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    Lawal v Northern Spirit Ltd [2002] IRLR 714 CA (1 report relating to this case)

    • Points of procedure

      Date:
      18 April 2003

      A review of recent significant cases on practice and procedure in employment tribunals and the EAT.

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    Lawal v Northern Spirit Ltd [2003] IRLR 538 HL (1 report relating to this case)

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    Lawrence and others v Regent Office Care Ltd and others [1999] IRLR 148 EAT (3 reports relating to this case)

    • Claim by ex-council staff rejected

      Date:
      1 June 1999

      In Lawrence and others v Regent Office Care Ltd and others the EAT has ruled that in order to bring an equal pay claim, the applicant and comparator must be in the same establishment or service.

    • Equal pay: No comparison permitted between former council staff and existing employees

      Date:
      15 March 1999

      An employment tribunal had correctly concluded that former council employees working for a contractor providing contracted-out services could not compare themselves with existing council staff doing work that had previously been found to be of equal value to their own, holds the EAT in Lawrence and others v Regent Office Care and others. While Article 119 of the Treaty of Rome does not limit permissible comparisons to those employed by the same employer, the applicant and comparator in an equal pay claim must nevertheless "in a loose and non-technical sense be in the same establishment or service". There was nothing about the present case "which would distinguish it from any other case where an applicant claimed equal pay with a comparator employed by another company, not necessarily even engaged in the same industry".

    • Limit to equal pay comparison

      Date:
      1 March 1999

      In Lawrence and others v Regent Office Care Ltd and others (5 November 1998) EOR84C, the EAT holds that former employees of a county council, who are now employed by private contractors, are not entitled to bring an equal pay claim relying on Article 119 of the EC Treaty comparing themselves with current employees of the council whose work had been rated as equivalent to their own.

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    Lawrence and others v Regent Office Care Ltd and others [2000] IRLR 608 CA (2 reports relating to this case)

    • Comparator issue to ECJ

      Date:
      1 March 2001

      The Court of Appeal in Lawrence v Regent Office Care has referred to the European Court of Justice questions as to whether employees who are now employed by private contractors, including former employees of a county council, are entitled to bring an equal pay claim relying on Article 141 of the EC Treaty to compare themselves with current employees of the council whose work had been rated as of equal value to their own.

    • Equal pay: Can workers transferred on contracting out compare their pay with that of retained workers?

      Date:
      15 July 2000

      In Lawrence and others v Regent Office Care Ltd and others, the Court of Appeal refers to the European Court of Justice the question of whether or not female workers employed by contractors in the provision of services contracted out by a council can compare their pay with that of male workers in the council's employment whose work is of equal value to theirs.

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    Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822 ECJ (7 reports relating to this case)

    • Equal pay: case law update

      Date:
      2 March 2007

      This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

    • Equal pay: case law update

      Date:
      3 February 2006

      We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

    • Equal value update

      Date:
      1 May 2003

      Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

    • Equal pay: Transferred workers cannot compare their pay with retained workers

      Date:
      10 January 2003

      Article 141 of the EC Treaty of Rome is not limited to situations where men and women work for the same employer, but it does not cover the situation where pay differences between equal pay claimants and their comparators cannot be attributed to a single source, so that there is no single body responsible for the inequality and which can restore equal treatment, the European Court of Justice holds in Lawrence and others v Regent Office Care Ltd and others.

    • EC: ECJ case law round-up

      Date:
      1 January 2003

      In our latest round-up of decisions from the European Court of Justice (ECJ), we look at cases on equal pay, the principle of equal treatment as related to working conditions, the meaning of a transfer for the purposes of the business transfers Directive and, finally, guarantee payments to employees following the insolvency of their employers.

    • Case round-up: equal pay claims

      Date:
      29 October 2002

      This week's case round-up looks at equal pay claims.

    • Cross-employer comparison rejected

      Date:
      1 October 2002

      In Lawrence and others v Regent Office Care Ltd and others (17 September 2002), the European Court of Justice has ruled that former employees of a county council, who are now employed by private contractors, are not entitled to bring an equal pay claim relying on Article 141 of the EC Treaty comparing themselves with current employees of the council whose work had been rated as equivalent to their own.

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    Lawrence v JL Distribution Ltd [2000] ET/3200327/00 (1 report relating to this case)

    • Award for psychiatric injury

      Date:
      1 March 2001

      In Lawrence v JL Distribution Ltd a Stratford employment tribunal (Chair: VK Gay) awards compensation of £10,000 for psychiatric injury and injury to feelings to a black worker who suffered racial abuse and was dismissed because his white co-workers did want a black man on the premises