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Weekly Issue 103 - September 2005

Employment Law Review

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In the news

The Government has invited unions to make bids from the Union Modernisation Fund to improve efficiency.

Equal pay adds up

Under section 1 of the Equal Pay Act 1970, a woman whose work is rated as equivalent to that of a man is entitled to be employed on terms no less favourable than his, unless the employer can justify the difference in pay.

A warning shot

Section 4 of the 1975 Sex Discrimination Act says that victimising someone for bringing a claim under the Equal Pay Act is, in itself, a discriminatory act.

An employee or a worker?

Although it may seem obvious whether someone is an employee or not, the answer is not always that straightforward. Even the courts sometimes have difficulty in figuring it out.

Not so sacred Sunday

There are a number of (limited) options for employees when their employer announces a change to their terms and conditions. One is to stay in the job and protest, another is to resign and complain of unfair dismissal.

Part time wings

Under the Sex Discrimination Act, employers sometimes have to provide a "sound business reason" if they refuse a worker's request to work flexibly or part time.

One way or another

In discrimination cases, trade union officials invariably recommend that members claim against both the harasser and their employer.

Re-run for the CAC

Under the statutory recognition procedures in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), the Central Arbitration Committee (CAC) can order a ballot and issue a declaration of recognition (or non-recognition).