Case round up

This report relates to 6 case(s)

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  Abler and others v Sodexho MM Catering Gesellschaft mbH and Sanrest Großküchen Betriebsgesellschaft mbH [2004] IRLR 168 ECJ (1 other report)

  • Transfer of undertakings: Failure of new contractor to take over workers in asset-intensive entity cannot preclude transfer

    Date:

    9 January 2004

    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.

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  Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ (7 other reports)

  • European Union: ECJ case law round-up

    Date:

    1 March 2005

    In our latest round-up of cases from the European Court of Justice, we look at cases on equal pay, maternity leave and equal treatment, the variation of terms relating to early retirement following a transfer of an undertaking, working time and European Works Councils.

  • Access to occupational pension schemes for the self-employed?

    Date:

    1 March 2004

    The European Court of Justice (ECJ) has published its ruling in Allonby v Accrington & Rossendale College.

  • Allonby v Accrington & Rossendale College and others

    Date:

    1 March 2004

    In Allonby v Accrington & Rossendale College and others [2004] 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.

  • Agency worker is entitled to membership of pension scheme

    Date:

    1 March 2004

    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.

  • ECJ decides on agency workers' rights

    Date:

    6 February 2004

    The ECJ has delivered its decision in the case of Allonby.

  • Case round-up: identity of the employer in a tribunal claim; and equal pay for an agency worker

    Date:

    3 February 2004

    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.

  • Part-timers, equal pay and pensions

    Date:

    1 February 2004

    There have been two recent decisions on part timers' access to pension schemes under equal pay legislation; one from the European Court (ECJ) and another from the Employment Appeal Tribunal (EAT).

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  Connex South Eastern Ltd v Kelly [2003] All ER (D) 424 (Dec) EAT (0 other reports)
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  Dillon v Ford Motor Co Ltd [2003] All ER (D) 353 (Dec) EAT (0 other reports)
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  Durant v Financial Services Authority [2003] EWCA Civ 1746 CA (2 other reports)

  • Data protection: Court of Appeal guidance on "personal data" and "relevant filing system"

    Date:

    20 February 2004

    In Durant v Financial Services Authority, the Court of Appeal holds that, when an individual requests information under s.7 of the Data Protection Act 1998, the data controller must first determine whether the information sought is capable of being that person's "personal data" as defined, regardless of whether it is held in computerised or manual form. If (and to the extent that) it is not, it is not disclosable under s.7(1). All other issues then fall away and that is the end of the matter.

  • Case round-up: employee requests to access personal data; and grievance investigations

    Date:

    13 January 2004

    This week's case round-up from Eversheds, covering: employee requests to access personal data; and grievance investigations.

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  Preston and others v Wolverhampton Healthcare NHS Trust and others (No.3) [2004] IRLR 96 EAT (2 other reports)

  • Preston ruling clarifies TUPE position

    Date:

    1 February 2004

    A new ruling in the long-running Preston case allows part-time employees, whose employment has been transferred, much longer to bring claims of indirect sex discrimination if they were refused entry to an occupational scheme due to the hours they work.

  • Part-timers, equal pay and pensions

    Date:

    1 February 2004

    There have been two recent decisions on part timers' access to pension schemes under equal pay legislation; one from the European Court (ECJ) and another from the Employment Appeal Tribunal (EAT).