Labour & European Law Review
02 December 2015
According to new statistics from the Office for National Statistics (ONS), the overall gender pay gap stands at 19.2 per cent, unchanged since last year.
Section 15 of the Equality Act says that there is discrimination if an employer treats a disabled person unfavourably “because of something arising in consequence of the disabled person’s disability”. In Hall v Chief Constable of West Yorkshire Police the Employment Appeal Tribunal (EAT) held that tribunals should not impose too stringent a causal link between the disability and the unfavourable treatment.
The Court of Justice of the European Union (CJEU) has held in Ferreira da Silva e Brito and ors v Estado Portugues that when deciding whether there has been a transfer of a business under the Acquired Rights Directive, the key question was whether the entity in question had retained its identity. This could be ascertained by looking at whether the operations of the transferor had been continued or resumed by the transferee.