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Weekly Issue 41 - December 1999

Labour & European Law Review Download issue

The band (of reasonable responses) falls silent

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 relations are coming

The Employment Relations Act became law in July 1999. The new rights are being brought into force.

Getting in on the act

There have been two recent cases looking at the definition of 'worker' as defined in the National Minimum Wage Act 1998 (the Act).

Protecting collective agreements

Guest author Professor Brian Bercusson of Manchester University looks at the latest trade union case from Europe.

Still waiting for pensions for transsexuals

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.

Social policy is no defence for employers

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.

Full time pay for full time courses

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.