Case round-up: gender reassignment and statutory minimum remuneration

This report relates to 2 case(s)

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  A v Chief Constable of the West Yorkshire Police and another [2003] IRLR 32 CA (1 other report)

  • Transsexual discrimination: Post-operative male-to-female transsexual is a woman for employment law purposes

    Date:

    7 March 2003

    In A v Chief Constable of the West Yorkshire Police & anr, the Court of Appeal holds that, after the ECHR decision in Goodwin v UK, post-operative transsexuals are legally members of their chosen gender in the employment context, except where there exist significant factors of public interest which outweigh the interests of the individual applicant in obtaining legal recognition of his or her gender re-assignment.

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  Nerva and others v United Kingdom [2002] IRLR 815 ECHR (1 other report)

  • Human rights/ breach of contract: Cheque and credit card tips count as "remuneration"

    Date:

    9 December 2002

    Tips included in cheque or credit card payments by customers of a restaurant and paid by the employer to the waiters as "additional pay" in their weekly wage slips counted towards the waiters' "remuneration" for the purposes of their statutory minimum wage entitlement, the European Court of Human Rights holds in Nerva and others v United Kingdom.