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- Date:
- 15 September 2008
- Type:
- Employment law cases
In Allen and others v GMB [2008] IRLR 690, the Court of Appeal held that a trade union indirectly discriminated against a group of its members where its aim was to secure pay protection and future pay for employees, but its means of achieving this aim - persuading women with historic equal pay claims to settle them disadvantageously - were disproportionate.
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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:
- 3 January 2008
- Type:
- Employment law cases
The European Court of Justice (ECJ) has held that industrial action by a trade union in Sweden to prevent a Latvian company from paying low wages to workers posted from Latvia could not be justified.
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- Date:
- 12 December 2007
- Type:
- Employment law cases
The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday.
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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:
- 30 May 2007
- Type:
- Employment law cases
In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361, a case of competing rights of association under art. 11 of the European Convention on Human Rights, a trade union's right to expel a member of the BNP because his values conflicted fundamentally with its own outweighed the individual's right to membership of the union.
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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:
- 13 May 2005
- Type:
- Employment law cases
In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.