European Union

New and updated

  • Type:
    Legal timetable

    The Regulations, which implement the Physical Agents (Vibration) Directive, impose duties on employers to protect employees who may be exposed to the risk of vibration at work, and other persons who may be affected by the work, whether they are at work or not.

  • Transfer of undertakings: Work performed by single employee transferred under TUPE Regulations

    Date:
    7 November 2003
    Type:
    Law reports

    In Dudley Bower Building Services Ltd v Lowe and others, the EAT holds that whether a stable economic entity exists in any given case, for the purposes of a transfer under the TUPE Regulations, is always a question of fact and degree.

  • Unfair dismissal: Dismissal not incompatible with employee's human rights

    Date:
    1 November 2003
    Type:
    Law reports

    In X v Y, the EAT holds that an employment tribunal was right to find that an employee who worked with young offenders was fairly dismissed after being cautioned for an act of gross indecency with another man in a public toilet and failing to disclose this to his employer.

  • Type:
    Legal timetable

    The Regulations implement the EC Race and Ethnic Origin Directive (2000/43/EC). Changes include a new definition of indirect race discrimination, a change to the burden of proof in race discrimination cases and the introduction of express provisions prohibiting harassment on grounds of race or ethnic or national origins.

  • Transfer of undertakings: Severed part of undertaking is economic entity capable of transfer

    Date:
    3 October 2003
    Type:
    Law reports

    In Fairhurst Ward Abbots Ltd v (1) Botes Building Ltd; (2) Mr K Vaughan and others, the EAT holds that a contract to provide building services, which was split up and put out to tender as two separate contracts when it was due to be renewed, became two separate economic entities capable of transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981.

  • ECJ: On-call working is working time

    Date:
    1 October 2003
    Type:
    Law reports

    In case C:151/02 Landeshauptstadt Kiel v Norbert Jaeger, the European Court of Justice (ECJ) ruled on 9 September 2003 that all on-call duty at a place determined by an employer constitutes working time in its entirety, even where the employee is permitted to rest at the place of work when their services are not required.

  • Equal treatment: Exclusion from part-time working scheme at pension age contrary to principle of equal treatment

    Date:
    5 September 2003
    Type:
    Law reports

    In Kutz-Bauer v Freie und Hansestadt Hamburg the ECJ holds that articles 2(1) and 5(1) of the Equal Treatment Directive (No.76/207/EC) must be interpreted to mean that provisions of a collective agreement applicable to the public service, which denies women entry to a part-time working scheme at age 60 due to their eligibility for an old-age pension (while men are not so eligible until age 65) are precluded, unless they can be objectively justified by objective criteria not related to any discrimination on grounds of sex.

  • Marshalls Clay Products v Caulfield and others, Pearce v Huw Howatson Ltd, Clarke v Frank Staddon Ltd, Sutton v Potting Construction Ltd, Hoy v Hanlin Construction

    Date:
    1 September 2003
    Type:
    Law reports

    In Marshalls Clay Products v Caulfield and others, Pearce v Huw Howatson Ltd, Clarke v Frank Staddon Ltd, Sutton v Potting Construction Ltd, Hoy v Hanlin Construction Ltd [2003] IRLR 552 EAT, the Employment Appeal Tribunal held that a contractual provision for rolled-up holiday pay which identifies an express amount or percentage by way of an addition to basic pay is not unlawful in terms of the Working Time Regulations 1998.

  • Discrimination: Employers liable for post-termination discrimination

    Date:
    15 August 2003
    Type:
    Law reports

    In Relaxion Group plc v Rhys-Harper and related cases the House of Lords interprets anti-discrimination legislation to mean that employees should be protected against certain acts of post-termination discrimination by their employer.

  • Transfer of undertakings: Transferor's liability for failure to inform and consult passes to transferee

    Date:
    15 August 2003
    Type:
    Law reports

    In Alamo Group (Europe) Ltd v (1) Tucker (2) Twose of Tiverton Ltd, the EAT holds that where a transferor fails to comply with its duty to inform and consult upon a relevant transfer, liability for that failure passes to the transferee under reg. 5 of the TUPE Regulations.

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