In court 1999

This report relates to 37 case(s)

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  Air Jamaica Limited v Charlton PC (0 other reports)
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  Bavin v NHS Trust Pensions Agency and another [1999] OPLR 285 EAT (1 other report)

  • Sex discrimination: Pension scheme did not unlawfully discriminate against transsexual

    Date:

    15 October 1999

    In Bavin v (1) NHS Trust Pensions Agency (2) Secretary of State for Health, the EAT holds that a pension scheme under which only the surviving spouse of a member is entitled to derived benefits did not unlawfully discriminate on grounds of sex against a transsexual, who was born in a female body but has undergone gender reassignment, in a long-term relationship with a female member of the scheme.

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  Burrow v Burrow [1999] 1 FLR 508 HC (0 other reports)
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  Chief Adjudication Officer v Bath [2000] 1 FLR 8 CA (0 other reports)
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  City of Edinburgh Council v Rapley [2000] OPLR 67 CS (0 other reports)
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  Derby Daily Telegraph Ltd v (1) the Pensions Ombudsman (2) Thompson [1999] IRLR 476 HC (0 other reports)
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  Dormers Wells Infant School v Gill EAT/596/97 (1 other report)

  • Exclusions and qualifications: Tribunal erred in deciding whether or not employee was too old

    Date:

    1 October 1999

    In Dormers Wells Infant School v Gill, the EAT holds that a representation made to an employee that he would remain in employment until his partner retired, and/or the fact that other employees worked beyond the age of 65, was not sufficient to found an employment tribunal's jurisdiction to hear his complaint of unfair dismissal.

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  Edge and others v Pensions Ombudsman and another [1999] PLR 215 CA (0 other reports)
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  Equitable Life Assurance Society v Hyman [2000] OPLR 101 HC (0 other reports)
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  Frankling and others v BPS Public Sector Ltd [1999] IRLR 212 EAT (1 other report)

  • Transfer of undertakings: Accelerated pension rights not transferred on outsourcing

    Date:

    1 July 1999

    Employees' rights under statute to accelerated pension benefits on redundancy did not transfer to a new employer by virtue of the Transfer of Undertakings Regulations, as the transferor had no contractual obligation to make those payments directly to the employees, holds the EAT in Frankling and others v BPS Public Sector Ltd.

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  Harding and others v Joy Manufacturing Holdings Ltd [2001] OPLR 235 CS (0 other reports)
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  HF Pension Scheme Trustees Ltd v Ellison and others 8 February 1999 HC (0 other reports)
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  Hillsdown Holdings plc v Commissioners of Inland Revenue [1999] PLR 173 HC (0 other reports)
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  Kemble and another v Hicks and others 17 June 1999 HC (0 other reports)
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  Key v Courtaulds Textiles plc 27 October 1998 HC (0 other reports)
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  Lansing Linde Ltd v Alber [2000] OPLR 1 HC (0 other reports)
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  Law Debenture Trust Corp Plc v Hereward Philips (A Firm) [1999] PNLR 725 HC (0 other reports)
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  Laws and another v The National Grid Company plc and others 31 July 1998 CA (0 other reports)
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  Legal & General Assurance Society Ltd v Pensions Ombudsman and others [2000] 2 All ER 577 HC (0 other reports)
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  Levez v TH Jennings (Harlow Pools) Ltd [1996] IRLR 499 EAT (3 other reports)

  • Firms likely to face claims for sizeable back payments

    Date:

    21 January 2003

    Government consultation setting a six-year limit for equal pay compensation does not go far enough and is likely to be challenged by the European Court of Justice.

  • Equal pay: Legality of backdated compensation limit referred to European Court of Justice

    Date:

    1 September 1996

    In Levez v TH Jennings (Harlow Pools) Ltd, the EAT decides, by a majority, to refer a question to the European Court of Justice on whether the provision in the Equal Pay Act 1970 which permits an award of arrears of remuneration or damages only in respect of the two-year period prior to the issue of the claim is contrary to Community law.

  • Equal pay damages limit referred to ECJ

    Date:

    1 September 1996

    In Levez v TH Jennings (Harlow Pools) Ltd (24 June 1996) EOR69D, the EAT asks the European Court of Justice whether the two-year retrospective limit on damages under the Equal Pay Act accords with European Community law.

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  NBPF Pension Trustees Ltd and another v Paddock and another [1999] 2 All ER 993 HC (0 other reports)
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  Parlett v Guppys (Bridport) Ltd (No 2) [1999] OPLR 309 CA (0 other reports)
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  Polly Peck International plc (in administration) v Henry [1998] OPLR 323 HC (0 other reports)
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  Preston and others v Wolverhampton Healthcare NHS Trust and others [2000] IRLR 506 ECJ (2 other reports)

  • ECJ rules in favour of part-timers' pension rights

    Date:

    1 July 2000

    In Preston and others v Wolverhampton Healthcare NHS Trust and others (16 May 2000) EOR92A, the European Court of Justice rules that s.2(5) of the Equal Pay Act, which provides that a claimant's entitlement to join an occupational pension scheme is limited to a period which starts to run two years prior to the commencement of equal pay proceedings in connection with the claim, contravenes European Community law.

  • Equal pay: Limitation of right to retroactive membership of pension scheme is contrary to Community law

    Date:

    1 June 2000

    Community law precludes a national procedural rule which provides that a claimant's pensionable service is to be calculated only by reference to service after a date falling no earlier than two years prior to the date of the claim, rules the European Court of Justice in Preston and others v Wolverhampton Healthcare NHS Trust and others and Fletcher and others v Midland Bank plc.

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  R v Dixon 24 November 1999 CA (0 other reports)
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  Raymond John Buckley v Hudson Forge Ltd & others [1999] PLR 151 HC (0 other reports)
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  Re Thirty-Eight Building Limited [1999] BCC 260 HC (0 other reports)
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  Reffin v Kingston Upon Hull City Council EAT/421/98 (0 other reports)
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  Scottish Equitable plc v Derby [2000] PLR 1 HC (0 other reports)
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  Taylor v Secretary of State for Scotland [1999] IRLR 362 CS (1 other report)

  • Contracts of employment: Enforced retirement did not breach contractual equal opportunities policy

    Date:

    15 June 1999

    In Taylor v Secretary of State for Scotland, the Court of Session holds that the enforced retirement of a prison officer, who had passed the minimum retirement age but had not reached compulsory retirement age, was not in breach of his employer's equal opportunities policy, which prohibited age discrimination and was a condition of his contract of employment.

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  Taylor, Re 20 May 1999 CS (0 other reports)
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  The Law Debenture Trust Corporation plc v Malley [1999] OPLR 167 HC (0 other reports)
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  Thomson v Desco of Glasgow Ltd EAT/1341/98 (0 other reports)
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  University of Nottingham v (1) Eyett (2) the Pensions Ombudsman [1999] IRLR 87 HC (1 other report)

  • Contracts of employment: Implied duty of mutual trust and confidence may have positive content

    Date:

    15 January 1999

    The principle underlying the implication of the duty of mutual trust and confidence into contracts of employment does not necessarily exclude the possibility that it may, in appropriate circumstances, have a positive as opposed to a merely negative content, says the High Court in University of Nottingham v Eyett and another.

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  Villella v MFI Furniture Centres Ltd [1999] IRLR 468 HC (1 other report)

  • Construction of contract: PHI cover did not cease when employee left service

    Date:

    1 November 1999

    A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.

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  Wight v Olswang [1999] All ER (D) 436 CA (0 other reports)
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  Wilson v Wilson 9 June 1998 CS (0 other reports)