Labour & European Law Review
12 January 2012
According to research published last week by the TUC, the total amount of unpaid overtime worked last year was 1,968 million hours.
The report calculates that this is worth a record £29.2 billion to the UK economy - that equates roughly to a million extra full-time jobs.
It is well established in law that it is indirectly discriminatory to exclude workers from a pension scheme because they work part-time. The Court of Appeal has now said in Copple and ors v Littlewoods plc and ors that part-time women employees who would not have exercised the choice to join were not entitled to retrospective membership of the scheme because they had not lost anything.
To succeed in an equal pay claim, claimants have to show (among other things) that they are “in the same employment” - either that they work at the same establishment or are on common terms and conditions - to their comparators. In City of Edinburgh v Wilkinson and ors, the Scottish Court of Session said that claimants were “in the same employment” if the Council was the source of their terms and conditions.