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Part-time work

New and updated

  • Date:
    1 September 1998
    Type:
    Law reports

    Unequal payments for excess hours

    In Rees v National Westminster Bank a Bedford employment tribunal (Chair: C Tribe) upholds an equal pay claim where a part-time applicant although paid the same hourly rate for contractual hours as her male comparator employed on equivalent work, was paid a lower hourly rate for the hours worked in excess of contracted hours.

  • Date:
    1 June 1998
    Type:
    Law reports

    Male part-timer can rely on EOC case

    In London Borough of Hammersmith & Fulham v Jesuthasan the Court of Appeal has ruled that a male part-time worker employed in the public sector was entitled to rely on the 1994 decision of the House of Lords in ex parte Equal Opportunities Commission to claim a redundancy payment and compensation for unfair dismissal in respect of a dismissal occurring before the minimum hours per week qualifications were removed by the Employment Protection (Part-Time Employees) Regulations 1995.

  • Date:
    1 March 1998
    Type:
    Law reports

    Severance pay terms upheld

    In Barry v Midland Bank plc the Court of Appeal has ruled that a redundancy pay scheme whereby severance pay is calculated on the basis of the employee's current pay at the date of termination does not contravene Article 119 of the EC Treaty even though it disadvantages part-time workers who previously worked full time by not taking into account any full-time service they may have had.

  • Date:
    1 March 1998
    Type:
    Law reports

    Two-year limit on pension retrospection unlawful

    In Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services the European Court of Justice has ruled that the Barber decision, which limits retrospection of pension benefits to 17 May 1990, does not apply to part-time workers excluded from full occupational pension benefits.

  • Date:
    1 January 1998
    Type:
    Law reports

    No limit on part-timers' retrospective pension entitlement

    In Magorrian and Cunningham v Eastern Health and Social Services Board (11 December 1997) EOR77B, the European Court of Justice holds that the Barber limitation on retrospection does not apply to part-time workers excluded from full occupational pension benefit and that UK legislation which limits entitlement to obtain full membership of an occupational pension scheme to two years prior to commencement of proceedings is contrary to EC law.

  • Date:
    1 December 1997
    Type:
    Law reports

    Discrimination against part-timers

    The European Court of Justice has ruled that German legislation on public sector employment, under which part-time employees had to complete a longer period of service than full-time workers in order to be eligible for promotion and exemption from a qualifying examination, is indirectly discriminatory.

  • Date:
    1 December 1996
    Type:
    Law reports

    Part-timers' redundancy selection not sex bias

    In Harrison and others v John Hine Ltd, dismissing a claim of indirect sex discrimination brought by part-time employees made redundant, a Shrewsbury industrial tribunal (Chair: S J Williams) holds that 94% female compliance with the conditions for continued employment was not considerably smaller than 97% male compliance.

  • Date:
    1 September 1996
    Type:
    Law reports

    Limitations applied to pension claims

    In Preston and others v Wolverhampton Healthcare NHS Trust and others (24 June 1996) EOR69C, the EAT rules that claims by part-time workers seeking retrospective access to occupational pension schemes are subject to the six-month time limit on presenting complaints and the two-year limit on arrears of damages.

  • Date:
    1 March 1996
    Type:
    Law reports

    Two-year limitation on pension claims

    Part-time employees who have been excluded from occupational pension schemes as a result of indirect sex discrimination are entitled to no more than two years' backdated membership from the date of their industrial tribunal application, rules a Birmingham industrial tribunal in Preston and others v (1) Wolverhampton Healthcare NHS Trust (2) Secretary of State for Health and others.

  • Date:
    1 September 1995
    Type:
    Law reports

    Part-timer's pension claim time-barred

    The time limit for part-time workers to bring equal pay claims relating to exclusion from an occupational pension scheme ran from the European Court's decision in the Bilka-Kaufhaus case in 1986, rather than from the Vroege decision in 1994, rules a Glasgow industrial tribunal (Chair: G W G Livie) in Gillespie v Mothercare UK Ltd.