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- Date:
- 1 August 1986
- Type:
- Employment law cases
In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex.
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- Date:
- 1 April 1986
- Type:
- Employment law cases
In Coales v John Wood & Co [1986] IRLR 129 EAT, the EAT held that the obligation on an employer to provide an employee with a written itemised pay statement at or before the time at which any payment of wages or salary is made is an absolute one and is not conditional upon the employee requesting such a statement.
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- Date:
- 31 December 1985
- Type:
- Employment law cases
In Postcastle Properties Ltd v Perridge [1985] 276 EG 1063 CA, the Court of Appeal held that an occupier of premises who had been the employee of the then owners when his occupation began was a tenant. Whether or not he had originally been granted a tenancy or a licence, the evidence showed the grant by the subsequent owners of a service tenancy.
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- Date:
- 31 December 1985
- Type:
- Employment law cases
In Street v Mountford [1985] AC 809 HL, the House of Lords held that an agreement that provided for exclusive occupation for a rent was a tenancy, although it had been described as a licence. Circumstances where a person with exclusive occupation will not be a tenant include where an employee occupies his employer's premises in order to perform his duties as an employee.
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- Date:
- 7 February 1984
- Type:
- Employment law cases
Where employers pay for an employee's training, they can require a reasonable minimum period of service after the training is completed. In Strathclyde Regional Council v Neil, the Sheriff Court holds that a contractual provision for repayment by the employee of the costs incurred is not a penalty and can be enforced, provided the amount relates to the loss suffered by the employer.
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- Date:
- 22 February 1983
- Type:
- Employment law cases
Where an employer has mistakenly overpaid an employee, the money can be recovered if it was paid because of a mistake of fact. However in a warning to employers operating computerised payment systems, the Court of Appeal in The County Council of Avon v Howlett holds that the defence of estoppel may operate to prevent recovery of all the money even if the employee has spent only some of it.
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- Date:
- 1 October 1978
- Type:
- Employment law cases
In Milsom v Leicestershire County Council [1978] IRLR 433 IT, the Industrial Tribunal held that a pay statement must detail the amount of each variable deduction and the purpose for which it is made, and not merely label an item "miscellaneous deduction".