In Cross and others v British Airways plc, the EAT holds that the tribunal was wrong in law to state that s.109 of the Employment Rights Act 1996 did not apply to exclude employees who had attained their normal retirement age by the date of their dismissal from claiming unfair dismissal.
In our latest round-up of cases from the European Court of Justice, we look at cases on equal pay, maternity leave and equal treatment, the variation of terms relating to early retirement following a transfer of an undertaking, working time and European Works Councils.
In R (on the application of the National Union of Journalists) v Central Arbitration Committee and MGN Ltd, the High Court holds that the CAC has no power to deal with an application by a union for recognition if another union has already been voluntarily recognised first by the employer.
In Clamp v Aerial Systems, the EAT holds that, in a case where the applicant withdrew his consent to opt out of the maximum 48-hour week set by the Working Time Regulations 1998, the applicant had not suffered a detriment within the meaning of s.45A of the Employment Rights Act 1996.
In Boor (née Delahaye) v Ministre de la Fonction publique et de la Réforme administrative, the ECJ holds that the Business Transfers Directive can be interpreted as not precluding the state reducing the remuneration of the transferred employees to comply with national public sector pay rules upon a transfer from a private organisation to the public service.
A model letter when you wish to make a record that an employee has agreed to a variation to one or more of the terms of his or her contract of employment.
In Candler v ICL Systems Services IDS Brief 562 EAT, the Employment Appeal Tribunal held that, although scheduled telephone standby duties could be terminated by giving four weeks' notice, the only power to vary them was the general power to vary, which required 26 weeks' notice.
This week's case round-up from Eversheds, looking at contract variations in TUPE transfers.
In South Tyneside Metropolitan Borough Council v Graham, the EAT holds that a "local agreement", for the purposes of the National Joint Council for Local Government Employees' collective bargaining agreement, should be construed as meaning either an agreement by all the locally recognised trade unions, or an agreement that has been determined by a process agreed by all the recognised unions.
In Wodson Park Sports & Recreation Association v Louise West & others, the EAT holds that where a party outsourcing its catering function terminates its contract with the service provider and immediately contracts with another party for the provision of those services, there will be no "relevant transfer" back to the original outsourcing party. This situation does not constitute a contracting-in of the function, since the function remains external.
HR and legal information and guidance relating to varying employment contracts.