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.
In Fairhurst Ward Abbotts Ltd v Botes Building Ltd and others  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.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
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.
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.
In Allonby v Accrington & Rossendale College and others  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.
In KB v National Health Service Pensions Agency and another  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.
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.
The ECJ has delivered its decision in the case of Allonby.
HR and legal information and guidance relating to the European Union.