Labour & European Law Review
18 August 2011
A report published last week by the High Pay Commission into the pensions of company directors shows that the average FTSE 100 director has accumulated a pension worth £3.6 million.
If an employer fails to comply with the duty to collectively consult before making redundancies, employees can, in certain circumstances, make a claim for a protective award. In Independent Insurance v Aspinall, the Employment Appeal Tribunal held that an award in favour of an individual claimant cannot extend to other employees affected by the employer’s failure to consult.
The law says that it is indirectly discriminatory to apply a provision, criterion or practice (PCP) which seems to apply equally to everyone, but which puts someone from an ethnic origin at a “particular disadvantage”, when compared with others. In SG v St Gregory’s Catholic Science College, the High Court said that a uniform policy which prohibited a certain hairstyle for all pupils could amount to indirect race, but not sex, discrimination.