In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.
This week's case round-up from Eversheds, covering: the identity of the employer in a tribunal claim; and equal pay for an agency worker.
In case C-117/01: K B v National Health Service Pensions Agency and Secretary of State for Health, the ECJ ruled on 7 January 2004 that national legislation which denies transsexuals the right to marry is contrary to Community law if the effect of this is to deprive them of any entitlement to a survivor's pension.
In case C-440/00: Kühne & Nagel AG & Co. KG, the ECJ ruled on 13 January 2004 that where the central management of a Community-scale group of undertakings is not located in the EU, the responsibility for providing employees with information essential to the opening of negotiations for establishing a European Works Council (EWC) lies with the deemed central management.
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.
In Abler and others v Sodexho, the ECJ holds that Article 1 of Directive 77/187 (the "Business Transfers Directive") must be interpreted as applying to the situation where a second supplier of catering services, replacing the first, takes over the provision of catering services to a captive market and uses the same premises and equipment used by the first provider, regardless of whether or not the second supplier agrees to take on the employees of the first.
In Martin and others v South Bank University  IRLR 74 ECJ, the European Court of Justice held that early retirement benefits should be paid for by a new employer after a transfer of undertakings.
In Secretary of State for Trade and Industry v Rutherford and others  IRLR 858 EAT, the Employment Appeal Tribunal held that an employment tribunal had erred in law in holding that the upper age limit default provisions in the Employment Rights Act 1996 relating to unfair dismissal and redundancy payments were indirectly discriminatory against men.
In Solectron Scotland Ltd v Roper and others  IRLR 4 EAT, the Employment Appeal Tribunal held that the employment tribunal did not err in finding that enhanced redundancy terms over and above what was paid to the applicants on their dismissal, which formed part of their contracts of employment with their previous employer, BT, and to which they were entitled by virtue of the Transfer of Undertakings Regulations 1981, had not been removed by custom or practice.
In GMB and Amicus v Beloit Walmsley Ltd and others  IRLR 18 EAT, the Employment Appeal Tribunal held that a reduction in the contractual retiring age requires a consensual variation or the termination of existing contracts and the issuing of new ones.
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