European Union

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  • Service-related pay system not unlawful

    Date:
    1 January 2004
    Type:
    Law reports

    In Health and Safety Executive v Cadman (22 October 2003), the EAT holds that length of service as a criterion in a pay system did not require specific justification so as to establish a genuine material factor defence to an equal pay claim, as length of service was generally objectively justified.

  • Working time: "Working time" includes time when on-call doctor is sleeping at hospital

    Date:
    19 December 2003
    Type:
    Law reports

    In Landeshauptstadt Kiel v Jaeger, the European Court of Justice holds that on-call duty, performed by doctors who were required to be physically present in the hospital and who were permitted to rest or sleep in rooms provided for them there during periods when their services were not required, constituted, in its entirety, working time under the EC Working Time Directive.

  • Transfer of undertakings: Rights of individual temporarily assigned to transferred undertaking did not transfer

    Date:
    19 December 2003
    Type:
    Law reports

    In Securiplan v Bademosi, the EAT holds that an express finding by an employment tribunal that a complainant had been assigned on a temporary basis only to an undertaking that was TUPE-transferred, took his circumstances outside the Botzen and Gale principles, and the tribunal had been correct to go on to hold that his rights against the transferor did not transfer to the transferee.

  • Collective redundancies: "Proposal to dismiss" was made when directors approved decision

    Date:
    19 December 2003
    Type:
    Law reports

    In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.

  • ECJ case law round-up

    Date:
    1 December 2003
    Type:
    Law reports

    In our latest round-up of cases from the European Court of Justice (ECJ), we look at cases on the application of the principle of equal treatment in a variety of contexts - pregnancy-related sex discrimination, the exclusion of women from compulsory national service in Germany, the requirements laid down by the EC on the training of general medical practitioners and the alleged discriminatory effects of a scheme for part-time working aimed at older public sector workers.

  • ECJ: Ruling on early retirement benefits

    Date:
    1 December 2003
    Type:
    Law reports

    On 6 November 2003 the European Court of Justice (ECJ) ruled that early retirement benefits should be paid for by a new employer after a transfer of undertakings.

  • Case round-up

    Date:
    1 December 2003
    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.

  • Steinicke v Bundesanstalt fur Arbeit

    Date:
    1 December 2003
    Type:
    Law reports

    In Steinicke v Bundesanstalt fur Arbeit [2003] IRLR 892 ECJ, the European Court of Justice held that a German public sector scheme for part-time working for older employees that was dependent on previous full-time service could infringe EC law if indirectly discriminatory against women, unless justification was shown.

  • Upper age limit of 65 lawful

    Date:
    1 December 2003
    Type:
    Law reports

    In Secretary of State for Trade and Industry v Rutherford and others (No.2) (2 October 2003), the EAT held that the statutory upper age limit of 65 on the right to claim unfair dismissal and the right to a redundancy payment is not indirectly discriminatory against men.

  • Type:
    Legal timetable

    The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia join the European Union, as agreed by the Accession Treaty signed in Athens Athens on 16 April 2003. The European Union (Accessions) Act 2003 provides a power to grant nationals of these countries the same rights to work in the United Kingdom from 1 May 2004 as are enjoyed by nationals of the states in the European Economic Area (EEA).

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