Weekly Issue 32 - March 1999

Don't rely on the boss

University of Nottingham v Eyett and the pensions Ombudsman [1999] IRLR 87

It is well established that if an important employment right is available to an employee and he or she will not know about it unless the employer reveals it, then it is a breach of contract for the employer to keep quiet.

Spanish practices

Hernandez Vidal SA v Gomez Perez [1999] IRLR 132 (ECJ)
Sanchez Hidalgo v Associacion de Servicio Aser [1999] IRLR 136 (ECJ)
Magna Housing Association Ltd v Turner and others, EAT 21/10/98 (IDS Brief 631)
Lightways (Contractors) Ltd v Hood and others, EAT 17/11/98 (IDS Brief 631)

Long-awaited, but indecisive

European Court of Justice Decision in Seymour-Smith

We now have the long-awaited European Court of Justice decision in the Seymour-Smith case. Unfortunately, it is not the decisive judgement that had been hoped for, and the question of whether the two year service requirement for unfair dismissal claims indirectly discriminates against women still remains to be decided.

On duty, or off duty?

Meaning of "Course of Employment" Under Discrimination Law and Common Law

The doctrine of the "course of employment" is a principal one in employment law. It is the situation for an employer's vicarious liability under the discrimination statutes, and at common law( law as defined by courts in their decisions).

Driven to resignation

Weatherfield Limited t/a Van & Truck Rentals v Sargent [1999] IRLR 94 Court of Appeal

Where duty begins (and ends)

Kenny v Hampshire Constabulary 1999 [IRLR 76]

The duty on an an employer to make reasonable adjustments for disabled people is at the heart of the Disability Discrimination Act, and is a unique feature in comparison with the Sex Discrimination and Race Relations Acts.