Cases within P

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  P v S and Cornwall County Council [1993] IT/16132/93 (1 report relating to this case)

  • Transsexual comparator permitted under Article 119

    Date:

    1 September 1994

    In Collins v Wilkin & Chapman, a Nottingham industrial tribunal rules that an equal pay claim may be brought under EC law where the comparator is perceived to be of the opposite sex but is the same sex biologically. In P v S and Cornwall County Council, a Truro industrial tribunal seeks guidance from the European Court of Justice on whether the Equal Treatment Directive prohibits discrimination against a transsexual.

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  P v S and Cornwall County Council [1996] IRLR 347 ECJ (1 report relating to this case)

  • Transsexuals protected

    Date:

    1 July 1996

    In P v S and Cornwall County Council (30 April 1996) EOR68A, the European Court of Justice rules that discrimination on grounds of a gender reassignment contravenes the EC Equal Treatment Directive.

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  P&O European Ferries (Dover) Ltd and another v Iverson EAT/322/98 (1 report relating to this case)

  • Sex discrimination: Denial of full pay to suspended pregnant seafarer was directly discriminatory

    Date:

    1 August 1999

    A pregnant employee of a ferry company, who was suspended from working on board ship in accordance with Regulations precluding those with specified medical conditions, including pregnancy, from working at sea, suffered direct sex discrimination when she did not receive full pay during the period of her suspension, holds the EAT in P&O European Ferries (Dover) Ltd and another v Iverson.

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  Packman t/a Packman Lucas Associates v Fauchon [2012] IRLR 721 EAT (1 report relating to this case)

  • Reduction in headcount not necessary for redundancy

    Date:

    5 July 2012

    The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required. 

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  Page v Freight Hire (Tank Haulage) Ltd [1981] IRLR 13 EAT (1 report relating to this case)

  • Page v Freight Hire (Tank Haulage) Ltd

    Date:

    1 January 1981

    In Page v Freight Hire (Tank Haulage) Ltd [1981] IRLR 13 EAT, the EAT held that the employer was protected by the Sex Discrimination Act 1975, section 51(1) because refusing to allow the employee to transport dimethyl formamide was necessary to comply with the employer's duty under the Health and Safety at Work etc Act 1974 and was not an act of excessive caution.

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  Palacios de la Villa v Cortefiel Servicios SA [2007] IRLR 989 ECJ (1 report relating to this case)

  • Félix Palacios de la Villa v Cortefiel Servicios SA

    Date:

    17 October 2007

    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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  Palfrey v Transco plc [2004] IRLR 916 EAT (1 report relating to this case)

  • Points of procedure

    Date:

    26 November 2004

    A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

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  Panesar v The Nestle Co Ltd [1980] IRLR 64 CA (1 report relating to this case)

  • Panesar v The Nestle Co Ltd

    Date:

    1 February 1980

    In Panesar v The Nestle Co Ltd [1980] IRLR 64 CA, the Court of Appeal held that the respondents' rule forbidding beards in their chocolate factory was "justifiable" within the meaning of the Race Relations Act 1976, section 1(1)(b).

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  Parkins v Sodexho Ltd [2002] IRLR 109 EAT (1 report relating to this case)

  • Public interest disclosure: Breach of employment contract can be a protected disclosure

    Date:

    11 March 2002

    In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.

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  Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA (1 report relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: Transferee not bound by transferor's post-transfer pay agreement

    Date:

    13 April 2010

    In Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA, the Court of Appeal held that, where the transfer of an undertaking occurs, and the transferring employees' contracts contain a clause referring to a collective agreement between the transferor and the relevant union, the transferee is not obliged to recognise wage increases agreed by the transferor and the union after the transfer has occurred resulting from negotiations to which the transferee was not a party.