Labour & European Law Review
03 November 1999
In these two cases the EAT has now confirmed the downfall of the two-year limit on arrears of back pay in equal pay claims.
The long running saga following the collapse of the Bank of Credit and Commerce International in 1991 continues.
The case of Banks v Tesco Stores Ltd , Employment Appeal Tribunal 15 September 1999 is yet another episode in the now long line of decisions, from Employment Tribunal to European Court of Justice, restricting the use of the discrimination legislation to enhance maternity benefits.
The European Court of Human Rights in their decision of Lustig-Prean and Beckett v UK suggest that the arrival of the Human Rights Act 1998 may well have some significant impact on British employment law, at least in relation to the vexed issue of discrimination against gays and lesbians in the work place.
The Court of Appeal has decided that where a payment in lieu of notice is made on the termination of employment, and that payment in lieu of notice forms part of the contract of employment, the payment is taxable.
Can an applicant in a Race case in an Employment Tribunal recover compensation for personal injury as well as any injury to feelings?