Managing employees/workers
A person who found work through an employment agency and remained in that same job for more than two years was not employed by the agency, holds the Court of Appeal in Montgomery v Johnson Underwood Ltd.
The principle of equal pay under Community law does not require that women should continue to receive full pay during maternity leave, holds the European Court of Justice in Gillespie and others v Northern Health and Social Services Board and others.
The question of whether the whole or a majority of a transferee contractor's workforce is taken on by the putative transferor cannot be determinative of whether or not there has been a relevant transfer of an undertaking under the EC Business Transfer Directive and the domestic Transfer of Undertakings Regulations, holds the EAT in Cheeseman and others v R Brewer Contracts Ltd and Onyx (UK) Ltd v Cheeseman and others.
In Motorola Ltd v Davidson and another, dealing solely with the issue of control, the EAT holds that a client of an employment agency had sufficient control over the worker assigned to it to sustain a finding that it was in fact the employer of the worker.
HR and legal information and guidance relating to managing employees/workers.