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|16 Jul 2008||Union discriminated against equal pay claimants||News from the IDS Employment Law Team||In Allen and ors v GMB the Court of Appeal has held that the GMB union indirectly discriminated against some of its female members who had potential equal pay claims against a local authority.|
|25 Jul 2007||EAT issues first penalty notice for failure to inform and consult||In Amicus v MacMillan Publishers Ltd, the EAT has issued the first penalty notice for an employer’s failure to comply with the provisions of the Information and Consultation of Employees Regulations 2...|
|14 Aug 2009||Motive irrelevant to establishing discrimination when treatment is on the ground of race||News from the IDS Employment Law Team||In Amnesty International v Ahmed, the EAT has upheld a tribunal's decision that A had suffered direct discrimination when she had not been offered a promotion on the basis that her ethnicity made it d...|
|21 Jun 2012||Annual leave coinciding with sickness can be taken later regardless of when sickness arose||News from the IDS Employment Law Team||In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales and ors the ECJ has held that the EU Working Time Directive (No.2003/88) requires that a work...|
|26 Apr 2013||Discrimination could be inferred from shareholder’s discriminatory comments||News from the IDS Employment Law Team||In Asociatia ACCEPT v Consiliul National pentru Combaterea Discriminarii the ECJ has held that homophobic comments made in public by a person strongly associated with an employer, suggesting the exist...|
|18 Jan 2008||Events after alleged discrimination not evidence of claimant’s ‘disability’||News from the IDS Employment Law Team||In assessing the likelihood of an employee’s impairment recurring – and thus potentially qualifying as ‘long-term’ for the purposes of the definition of ‘disability’ contained in the Disability Discri...|
|4 Apr 2012||EAT makes reference to ECJ on application of derogation from the Working Time Directive||News from the IDS Employment Law Team||In Associated British Ports v Bridgeman the EAT has asked the ECJ to clarify the application of Article 17(3)(c) of the Working Time Directive (No.2003/88), which permits derogation from Directive rig...|
|1 Mar 2011||Gender considerations should not be used to set insurance premiums or benefits||News from the IDS Employment Law Team||In Association Belge des Consommateurs Test-Achats ASBL and ors the European Court of Justice has held that insurers cannot take gender into account as a risk factor when setting premiums and payouts ...|
|16 Feb 2012||Strike balloting requirements allow union officials to exercise their own judgement||News from the IDS Employment Law Team||In Balfour Beatty Engineering Services Limited v Unite the Union the High Court has refused BBES Ltd’s application for an interim injunction to prevent strike action. The Court held that Unite had don...|
|25 Jul 2007||Security vetting outcome - disclosure in discrimination cases||In Barracks v Coles and anor, the Court of Appeal has clarified the correct approach for tribunals to take when a party refuses to disclose relevant information in a case due to a conflicting legal ob...|