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FL Memo Ltd © 2008 |
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Employment Memo 2007 Newsletter Issue 4 |
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RECENT CASES |
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Remedies Time limit for bringing an equal pay claim following transfer ¶5723 In a case concerning the time limit for bringing an equal pay claim following a TUPE transfer, the EAT has considered the case of two union employees whose employment was transferred to their current employers in 1993. As a matter of statutory construction the EAT held that the correct time limit for bringing an equal pay claim is 6 months. The TUPE legislation which protects the rights of employees during business transfers does not extend the limit. Where there is a business transfer, the time limit is 6 months from the termination of the employment with the transferor. This limit applies to all categories of equal pay claim, whether the reimbursement is a bonus, salary, pension, or in any other form. Unison v Allen [2007] IRLR 975, EAT
Best practice Dress code and worker’s hair ¶5383 In a case concerning a dreadlocked Rastafarian driver, who was dismissed for his untidy appearance, the EAT held that the reason for the dismissal was not a company prohibition against dreadlocks (a policy which would indirectly discriminate against Rasfatarians) but a prohibition against untidy hair. Accordingly, there was no discrimination. Harris v NKL Automotive Ltd and First Matrix Consultancy UK Ltd [2007] EAT case 0134/07
Trade unions and industrial action Individual trade union rights Method of calculating remedy for unjustifiable discipline approved ¶7147 The EAT has approved the approach of the EAT in Massey v Unifi (previously Massey v Amicus, see Newsletter 1 and earlier update to ¶7147) where a successful complaint of unjustifiable discipline by a union resulted in an award of damages based on the scales used for in compensation in sex or race discrimination cases. On appeal by the union member, it was held that the original award had been at the wrong point in the scales: and the award of £17,000 was increased to £25,000. Massey v Unifi [2007] EWCA Civ 800 |