Labour & European Law Review
24 May 2012
The government last week announced another raft of employment law changes, this time in the field of equality, as part of its apparently endless Red Tape Challenge.
Anyone wanting to lodge a claim for unfair dismissal has to do so within three months of the effective date of termination (EDT) of their employment contract. In Horwood v Lincolnshire County Council, the Employment Appeal Tribunal (EAT) said that the EDT was the date on which the employee’s letter of dismissal was opened and date-stamped by the Council’s administrative staff.
To defend an equal pay claim, employers have to show that any difference in pay between men and women is not tainted by sex discrimination and if it is, that they can objectively justify it. In Council of the City of Sunderland v Brennan, the Court of Appeal said that once the Council’s defence had failed, the Tribunal was bound to find it had indirectly discriminated against the women.