European Union

New and updated

  • Type:
    Legal timetable

    The Regulations outline the registration scheme that must be completed by workers coming to the UK from eight of the 10 countries that are joining the EU on 1 May 2004.

  • ECJ: Ruling on maternity leave and annual leave

    Date:
    1 April 2004
    Type:
    Law reports

    On 18 March 2004, the European Court of Justice (ECJ) ruled in case C-342/01: María Paz Merino Gómez v Continental Industrias del Caucho SA that a worker must be able to take her annual leave during a period other than her maternity leave. This is the case even if the maternity leave coincides with the general period of annual leave fixed for the entire workforce by a collective agreement.

  • Fairhurst Ward Abbotts Ltd v Botes Building Ltd and others

    Date:
    1 April 2004
    Type:
    Law reports

    In Fairhurst Ward Abbotts Ltd v Botes Building Ltd and others [2004] IRLR 304 CA, the Court of Appeal held that the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply to part of an undertaking, even if the part transferred had not been an identifiable, stable economic entity prior to the transfer.

  • Case digest

    Date:
    1 April 2004
    Type:
    Law reports

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Employment tribunal jurisdiction: "Employment in Great Britain" test for ERA claims

    Date:
    19 March 2004
    Type:
    Law reports

    In Serco Ltd v Lawson; Foreign and Commonwealth Office (interested party), the Court of Appeal holds that an employment tribunal did not have jurisdiction to hear an unfair dismissal claim by an employee based abroad. Regulation 11(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001, relied upon by the EAT as determining jurisdiction, did not, in fact, have that effect.

  • Equal pay: No need for specific justification of length of service criterion

    Date:
    5 March 2004
    Type:
    Law reports

    In Health & Safety Executive v Cadman, the EAT holds that, where a woman claims equal pay on the basis that she is paid less than her longer-serving male comparators doing work rated as equivalent, the employer is not required to produce specific justification for using length of service as a pay criterion in circumstances where it was distinguishing between full-time workers.

  • Allonby v Accrington & Rossendale College and others

    Date:
    1 March 2004
    Type:
    Law reports

    In Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ, the European Court of Justice held that a female lecturer employed via an agency could not claim equal pay in relation to a male lecturer employed directly by the college. The employment agency and the college could not be construed as being the same employer, and the differences in equal pay could not be attributed to a single source, so there was no single body responsible for the inequality.

  • KB v National Health Service Pensions Agency and another

    Date:
    1 March 2004
    Type:
    Law reports

    In KB v National Health Service Pensions Agency and another [2004] IRLR 240 ECJ, the European Court of Justice held that legislation that, in breach of the European Convention on Human Rights, prevents transsexual people from fulfilling a marriage requirement that must be met for one of them to be able to receive a survivor's pension, must be regarded as being in principle incompatible with the requirements of Article 141 of the EC Treaty.

  • Agency worker is entitled to membership of pension scheme

    Date:
    1 March 2004
    Type:
    Law reports

    In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.

  • ECJ decides on agency workers' rights

    Date:
    6 February 2004
    Type:
    Law reports

    The ECJ has delivered its decision in the case of Allonby.

About this topic

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