European Union

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  • Works councils: Deemed central management obliged to obtain information

    Date:
    18 June 2004
    Type:
    Law reports

    In Gesamtbetriebsrat der Kühne & Nagel AG & Co KG v Kühne & Nagel AG & Co KG, the ECJ holds that articles 4(1) and 11(1) of the European Works Councils Directive require that where the central management of a Community-scale group of undertakings is not located in one of the EU member states, the responsibility for providing the employees' representatives with the information essential to the opening of negotiations for the establishment of a European Works Council lies with the deemed central management.

  • Case round up

    Date:
    1 June 2004
    Type:
    Law reports

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them

  • R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others

    Date:
    1 June 2004
    Type:
    Law reports

    In R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others [2004] IRLR 430 HCQBD, the High Court, Queen's Bench Division, held that the Employment Equality (Sexual Orientation) Regulations 2003 are compatible with the EC Equal Treatment Framework Directive and the European Convention on Human Rights.

  • Bamsey and others v Albon Engineering & Manufacturing plc

    Date:
    1 June 2004
    Type:
    Law reports

    In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.

  • Maternity pay to include all pay rises during maternity leave

    Date:
    1 June 2004
    Type:
    Law reports

    In Alabaster v (1) Woolwich plc and (2) Secretary of State for Social Security, the ECJ rules that the earnings-related element of statutory maternity pay must include a pay rise made at any time before the end of maternity leave.

  • Type:
    Legal timetable

    The Regulations amend the Accession (Immigration and Worker Registration) Regulations 2004 so that a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or Slovakia does not require registration during any period in which he or she is a family member of a Swiss or EEA national who is in the United Kingdom as a self-employed person.

  • ECJ: Entitlement to social security benefit for non-nationals

    Date:
    1 May 2004
    Type:
    Law reports

    In Case C-138/02, Brian Francis Collins v Secretary of State for Work and Pensions, the European Court of Justice issued a ruling on 23 March 2004 examining the extent to which national legislation may make entitlement to the UK benefit jobseeker's allowance conditional on a residence requirement.

  • Points of procedure: part 2

    Date:
    16 April 2004
    Type:
    Law reports

    The second of our two-part feature on noteworthy decisions in practice and procedure at the employment tribunals and EAT looks at bias, the right to a fair hearing and a range of other issues.

  • Transfer of undertakings: No transfer where transferor in compulsory liquidation

    Date:
    16 April 2004
    Type:
    Law reports

    In Perth & Kinross Council v Donaldson and others, the EAT holds: where a company has been the subject of a winding-up order and has entered into compulsory liquidation, the Transfer of Undertakings (Protection of Employment) Regulations 1981 cannot apply when another entity takes it over.

  • Type:
    Legal timetable

    The Regulations protect employees from excessive noise in the workplace. They implement the EU Physical Agents (Noise) Directive which aims to protect workers from risks to their health arising from exposure to noise.

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HR and legal information and guidance relating to the European Union.