Labour & European Law Review
07 January 2004
In this recent case the Employment Appeal Tribunal has considered the issue of whether there is a transfer when a contract comes up for tender in a second generation transfer and is divided into separate parts.
In its first decision under the Part-Time Workers (Prevention of Less Fav-ourable Treatment) Regulations 2000 (the "PTWR"), the Employment Appeal Tribunal has upheld an Employment Tribunal decision that retained firefighters are not able to claim parity of treatment and contractual terms with their whole time colleagues. In a disappointing judgment the loopholes in the law are exposed.
In XXX v YYY, the EAT had to consider what happens when an Applicant's right to a fair trial collides with a bystander's right to respect for private and family life.
The long-awaited Employment Tribunal Compensation for Loss of Pension Rights booklet, 3rd edition, has now been published.
Achieving Equality at Work edited by Aileen McColgan, available from Institute of Employment Rights, 177 Abbeville Road, London SW4 9RL. Priced £12 (trade unions and subscribers), £30 (others). Telephone 020 7498 6919, web www.ier.org.uk
In three years time it will be unlawful for an employer to dismiss an employee just because they have reached retirement age.
The EAT has recently considered the meaning of the exception to the "special circumstances" defence to breaches of the obligations to inform and consult about collective redundancies.