Weekly Issue 75 - December 2002

Labour & European Law Review Download issue

Help for the aged

Rutherford v Town Circle (t/a Harvest) (in liquidation) and Secretary of State for Trade and Industry (No.2)
Bentley v Secretary of State for Trade and Industry [2002] IRLR 768 Employment Tribunal

Case of Kells illuminates scope of law

Kells v Pilkington plc 2002 IRLR 693

In an equal pay claim, it does not matter if the differential in pay between the applicant and the comparator ended more than six years before the tribunal claim was lodged.

Tribunal compensation limits go up

The annual increase to the limits on tribunal awards have been published.

Manner of dismissal compensation

McCabe v Cornwall County Council and the Governing Body of Mounts Bay School [2002] EWCA Civ 1887

When the Court of Appeal describes an area of law as 'developing', you know two things - firstly that they do not much like the existing case law, and secondly that the current state is a mess.

Court of Appeal sets out remedies

Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871

The proper level of compensation in discrimination cases has long been a battleground with two of the most controversial elements being how Employment Tribunals should approach awards for injury to feelings and how to assess the loss of the chance of a career where the discrimination has resulted in dismissal or loss of employment.

On the horizon: Employment Act 2002

We reported in detail on the provisions of the Employment Act 2002 in our extended Issue 72 July/August 2002 issue.

Here we set out the implementation timetable.

Industrial inaction

Burgess and others v Stevedoring Services Limited [2002] IRLR 810

Up until now, case law has held that a worker who sticks rigidly to his or her contract of employment with the object of disrupting her employer's business is taking part in industrial action Secretary of State for Employment v ASLEF (no.2 [1972] 2 QB 455 CA).