Labour & European Law Review
01 March 2012
Workplace inequalities have increased significantly across Europe as a result of the global economic crisis, according to a new study published by the International Labour Office.
Tribunals have a wide discretion when deciding whether to grant or refuse an application by a claimant to postpone a hearing. However, the Employment Appeal Tribunal (EAT) said in O’Cathail v Transport for London that Tribunals should not turn down an application if the claimant would be denied a fair hearing as a result.
The Employment Rights Act states that a worker must not be subjected to a detriment for refusing to sign a workforce agreement under the Working Time Regulations. In Arriva London South Ltd v Nicolaou, the Employment Appeal Tribunal (EAT) said that a worker was not subject to a detriment after overtime was withdrawn as the reason for the withdrawal was the implementation of an opt out policy, not the refusal to sign the opt out..