Weekly Issue 14 - September 1997

Two year back pay rule in Equal Pay Pensions cases may be invalid

Advocate General's Opinion in Magorrian and Cunningham v Eastern Health and Social Services Board and DHSS case C-246/96 (European Court of Justice, unreported 10/7/97)

Maternity Alliance challenge the lower earnings limit

Banks v Tesco Stores Ltd and Secretary of State for Social Security (unreported)
Ashford Industrial Tribunal case number 18985/95/c 4/6/97

Equality in Amsterdam

The Amsterdam treaty introduced new provisions into the EC Treaty, including a number of changes to the "social chapter" provisions (the Protocol on Social Policy to the Maastricht Treaty, and the Agreement attached to it) which referred to equality and discrimination. Discrimination has been extended to include religion or belief, disability, age or sexual orientation.

The minimum wage and bargaining in Australia

The UK Labour Party was elected on a manifesto commitment to establish a statutory minimum wage. This will be set 'according to the economic circumstances of the time' on the advice of an independent low pay commission.

Wrongful interference with a contract: what does it take?

TimePlan Education Group Limited v NUT [1997] IRLR 457 CA

The Court of Appeal has revisited wrongful interference with contractual rights or inducement to breach of contract. Inducement to breach contract is one of the old industrial torts - or wrongs - dating back to the turn of the century. In many circumstances, a valid industrial action ballot will protect a union from this, although not where it would amount to secondary action.