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- Date:
- 13 May 2008
- Type:
- Employment law cases
In a controversial ruling issued in April 2008, the European Court of Justice (ECJ) found that public authorities cannot demand that companies that are awarded works contracts must pay wages to all workers (including workers posted from other countries) that are in line with rates set out in collective agreements applicable to the place of work.
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- Date:
- 27 February 2008
- Type:
- Employment law cases
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
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- Date:
- 17 October 2007
- Type:
- Employment law cases
In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.
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- Date:
- 20 March 2007
- Type:
- Employment law cases
In Bull and another v Nottinghamshire and City of Nottingham Fire and Rescue Authority; Lincolnshire County Council v Fire Brigades Union and others [2007] All ER (D) 372 (Feb) CA, the Court of Appeal has held that it is not part of fire-fighters' normal contractual duties under a collective agreement to go to accidents and emergencies that would normally be dealt with by ambulance crews.
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- Date:
- 12 August 2005
- Type:
- Employment law cases
In R (on the application of Ultraframe (UK) Ltd) v Central Arbitration Committee, the Court of Appeal holds that the role of the Central Arbitration Committee (CAC) had been intended by parliament to be a decision-making body in a specialist area not suitable for the intervention of the courts.
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- Date:
- 11 February 2005
- Type:
- Employment law cases
In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.
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- Date:
- 31 December 2004
- Type:
- Employment law cases
In Griffiths and another v Salisbury District Council [2004] All ER (D) 104 (Feb) CA, the Court of Appeal held that the Implementation Agreement reached as part of the establishment of the new national agreement setting up the National Joint Council for Local Government Services formed part of the contracts of employment of the council's employees. The results of a regrading exercise that was carried out in accordance with the provisions of the Implementation Agreement were therefore incorporated into the employees' contracts of employment as legally binding terms.
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- Date:
- 2 July 2004
- Type:
- Employment law cases
In South Tyneside Metropolitan Borough Council v Graham, the EAT holds that a "local agreement", for the purposes of the National Joint Council for Local Government Employees' collective bargaining agreement, should be construed as meaning either an agreement by all the locally recognised trade unions, or an agreement that has been determined by a process agreed by all the recognised unions.
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- Date:
- 19 September 2003
- Type:
- Employment law cases
In Glendale Managed Services v Graham and others the Court of Appeal holds that a transferee employer of a local authority undertaking was under a contractual obligation to increase an employee's pay in accordance with nationally agreed rates.
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- Date:
- 30 December 2002
- Type:
- Employment law cases
In Henry and others v London General Transport Services Ltd, the Court of Appeal holds that, whereas clear evidence is required that a custom and practice has been incorporated into individual contracts of employment by virtue of the collective bargaining between an employer and the recognised trade union, such a custom and practice, once established, can be expected to cover all contractual terms.