Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to XpertHR this week, covering: equal pay and TUPE.

Equal pay: The use of a length-of-service criterion was justified for a period of five years only In Wilson v Health and Safety Executive [2009] EWCA Civ 1074 CA, the Court of Appeal agreed with the EAT that the ECJ decision in Cadman allows a tribunal to examine the practical application, as well as the adoption, of a length-of-service criterion in a pay scheme. However, the EAT had set the threshold for establishing the requisite "serious doubts" about the criterion too high. To challenge the particular use of such a criterion, "the employee only has to show that there is evidence from which, if established at trial, it can properly be found that the general rule" that such a criterion is appropriate "does not apply". (Employment Review)
TUPE: Activities had substantially changed to prevent service provision change TUPE transfer In OCS Group UK Limited v Jones and another EAT/0038/09, the EAT held that a tribunal had not erred in law in deciding that the activities carried out after a catering contract was taken over by a new contractor were substantially different from the activities carried out by the previous contractor, so there could be no TUPE transfer. The extent to which the activities have changed is a question of fact for the tribunal, and the tribunal in this case had been entitled to reach the conclusion it had. (Employment Review)

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