Weekly issue 86 - February 2004

In the news

The European Court of Justice has just decided two important points in Gesamtbetriebsrat der Kuhne & Nagel AG & Co KG about setting up European Works Councils.

Action on ballots

If you're ever involved in organising a ballot for industrial action, remember to read the small print. In Willerby Holiday Homes Ltd v Union of Construction, Allied Trades and Technicians (IDS Brief 749) UCATT was fined over £130,000 for failing to comply with the statutory requirements for pre-strike ballots.

Protection racket

If you're confused by the scope of the Data Protection Act, you're not the only one. But in a new case - Durant v Financial Services Authority (IDS Brief 749) - the Court of Appeal has clarified what information comes within the meaning of 'personal data', and also when manual records can be deemed to be held in a filing system that come within the scope of the Act.

Second generation TUPE

The European Court of Justice (ECJ) has decided in Abler v Sodexho MM Catering Gesellschaft (IDS Brief 749) that the EC Acquired Rights Directive applies to a second generation contractor, where they take over substantial chunks of the premises and equipment used by the outgoing contractor. This applies even if the assets belong to the contracting authority.

Getting old with TUPE

The following is an important addition to the case law on TUPE because it deals with the issue of pensions - which historically have been excluded from its scope.

Advance notice

Most trade union officials are all too familiar with the provisions of s188 of the Trade Union and Labour Relations (Consolidation) Act.

Baby boom

It's been a bit of a battle over the years, but women on maternity leave are now protected by the law in a number of ways. That does not mean that employers, even large employers, do not still make serious mistakes in the way they treat women who take time off work to have children.