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Weekly issue 116 - November 2006

Labour & European Law Review Download issue

In the News

The Government's Office for Disability Issues (ODI) has published its first report, setting out the action that it has taken since it was set up in December 2005.

Admissable evidence

Broken record

Trade union officers always want as much evidence as possible when defending members in disciplinary hearings. But can they rely on tape recordings?

Deductions from wages

The only time limit provided by statute for claims relating to unlawful deductions from wages relates to straightforward deductions, and states that time runs from the date that the deduction was made.

Fixed Term Work Directive

The framework agreement annexed to the Fixed Term Work directive says that EC member states have to introduce a number of different measures.

Monitoring employees

Although employers may think they have the automatic right to spy on their employees, either by physical search or via the Internet, the reality is that they need to approach the whole issue with caution.

Payment on sick leave

Section 123 of the Employment Rights Act (ERA)1996 states that the amount of a compensatory award should be what the tribunal considers to be “just and equitable in all the circumstances”.

However, in Langley and anor -v- Burso (IDS 812), the Employment Appeal Tribunal (EAT) said that an employee on sick leave during the notice period was not entitled to full compensation although it might be good practice for employers to make a full payment in lieu of notice.

Pension benefits

In 1990, the European Court of Justice (ECJ) decided in Barber -v- Guardian Royal Exchange Assurance Group that it was unlawful for pension schemes to have different ages at which the pensions of men and women became payable.

Working Time Regulations

Regulations 10 and 11 of the Working Time Regulations 1998 (WTR) set out workers’ rights to minimum daily and weekly rest periods.