Labour & European Law Review
07 June 2006
According to the annual TUC “Focus on Recognition” survey, unions signed 61 deals in the year to October 2005, covering 12,000 employees.
The law distinguishes between workers and employees and accords them different employment rights, so it is important to know what status someone has.
The law says that during paid maternity leave, a woman is entitled to all the same terms and conditions had she not been away from work, with the exception of pay (defined as "wages or salary").
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 state that employers cannot treat part-time workers less favourably than full timers, unless the different treatment can be objectively justified.
The complexity of the minimum wage regulations have been highlighted in the case of HM Revenue & Customs -v- Leisure Employment Services Ltd, in which the employment appeal tribunal (EAT) decided that payments for gas and electricity were, in effect, accommodation costs and therefore could not be included in gross pay.
Although it may seem like a pretty basic question, the courts are still agonising over the difference between an employee and a worker.
England is the libel capital of the world. Where once only the rich could sue to protect their reputations, now anyone can. And trade unions are not immune.
The Acquired Rights Directive protects the terms and conditions of employees when their jobs are transferred to another employer.