Labour & European Law Review
01 December 1999
This is probably the most important unfair dismissal case since Polkey as, at last, the Courts have been prepared to review the famous "band or range of reasonable responses" test used in unfair dismissal claims together with that other stock defence of employers: The Tribunal is not allowed to substitute its own view for that of the employers.
The Employment Relations Act became law in July 1999. The new rights are being brought into force.
There have been two recent cases looking at the definition of 'worker' as defined in the National Minimum Wage Act 1998 (the Act).
Guest author Professor Brian Bercusson of Manchester University looks at the latest trade union case from Europe.
The EAT has revisited the question of survivors' pension rights for unmarried partners - this time in the context of an unmarried couple where one of the partners was a transsexual who had undergone gender reassignment surgery.
In a welcome decision, the ECJ refuses to allow an employer to justify gender-based discrimination in pay on the basis of broad social policy objectives.
In a useful decision affecting part time workers who are involved in trade union activities, the Employment Appeal Tribunal in the case of Davies v Neath Port Talbot County Borough Council (15 December 1999 unreported) decide that a part timer who attended a full time union organised health and safety training course, was entitled to be paid on a full time basis by her employer.