Labour & European Law Review
27 July 2005
Final proposals for the operation of the Government's Union Modernisation Fund (to help unions become more efficient) were published recently by the Department of Trade and Industry.
Many trade union officials will be only too familiar with the two issues considered recently by the employment appeal tribunal (EAT) in Skiggs v South West Trains Ltd (2005, IRLR 459).
Generally speaking, workers cannot agree to contract out of their rights to bring a tribunal claim. This rule does not apply, however, if they want to settle a dispute once and for all by signing a compromise agreement that satisfies certain statutory requirements.
The regulations governing maternity rights in the UK state that all pregnant employees have the right to 26 weeks' ordinary maternity leave (OML).
European community law requires all member states to provide women workers with a minimum period of maternity leave, and to provide adequate protection for them when pregnant.
The European Acquired Rights Directive (ARD) was introduced with one main objective - to safeguard workers' rights in the event of the transfer of an undertaking.
Frustration of contract is a notoriously difficult concept to prove, even when the employee is unable - because of bail conditions - to attend his or her place of work.
Nearly all claims to employment tribunals have to be "presented" within three months (less a day) of the event leading to the complaint.