Labour & European Law Review
05 January 2005
From February 2005, a number of new compensation limits will come into force.
The Acquired Rights Directive (introduced to protect the rights of employees transferred from one undertaking to another) is the focus in the case of Johanna Maria Boor, née Delahaye v Ministre de la Fonction Publique et de la Réforme Administrative.
Under the acquired rights directive, employees' terms and conditions have to be protected if they transfer from one undertaking to another. But only if the directive applies.
In October 2004, the government introduced new procedures for dealing with internal grievances and disciplinaries. The Thompsons' guide to the new rules, published as a supplement with October 2004's LELR, will help you find your way through them.
Recent figures from the Office for National Statistics show that the gender pay gap - the gap between average hourly earnings for full time male and female employees - was 19.5% in 2003.
Unlike unfair dismissal claims which have a cap on both the basic and the compensatory award, compensation is unlimited in sex discrimination cases. In Orthet v Vince-Cain (2004, IRLR 857), the EAT said that a tribunal was justified in making awards for loss of earnings and injury to feelings while the claimant was at university. It should not, however, have compensated her for the loss of pension rights.
Following the Court of Appeal decision in the Thompsons case of Susie Radin Ltd v GMB & ors (2004, IRLR 400), reported in LELR 90, the employment appeal tribunal has just revisited the issue of protective awards.
Under the Employment Relations Act 1999 (updated in October 2004), trade unions can apply to the Central Arbitration Committee (CAC) for recognition if they cannot reach a voluntary agreement with the employer.