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ISSUE 803

Equal pay update

In this edition of Employment Law Bulletin, we look at
some of the significant judgments in the area of equal
pay
over the past year and their implications. Issues
considered include the perennial problem of the
correct comparator; the material factor defence;
length of service as objective justification; and time
limits in equal pay cases.

We also examine two EAT decisions on the extension of the time limit for bringing a claim under reg. 15 of the dispute resolution Regulations. In Martins, the EAT considered the applicability of the extension-of-time provisions to a discrimination claim against a fellow employee. In Corlett, the question was whether or not the claimant had the benefit of the provisions in respect of his wrongful dismissal claim.

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Joanna Stubbs, Editor, Employment Law Bulletin

 

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  >> NEWS  >> PERSPECTIVE  >> SPOTLIGHT  >> CASENOTES  >> FACTFILE

NEWS

The Advocate General has given his opinion to the European Court of Justice in a case that may be significant in the development of age discrimination law in the UK.

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The Information Commissioner has published guidance for small businesses on handling requests for personal information.

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The DTI has collaborated with TV companies to produce guidelines for employers in the industry offering work placements.

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The House of Lords has sent an amended Corporate Manslaughter and Corporate Homicide Bill back to the Commons for further debate.

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Related articles on XpertHR:

>> Policy on "employing" volunteers

>> FAQs on data protection

PERSPECTIVE

Consultant editor Darren Newman (right) argues that activation of the grievance procedure should not be a requirement where an employee is complaining about harassment by fellow employees.

Article in full:         >> View         >> Print         >> Forward to a colleague

 

Related articles on XpertHR:

>> Review of statutory dispute resolution procedures announced

SPOTLIGHT

Roseanne Russell and Wendy Hewitt, principal legal officers at the Equal Opportunities Commission, highlight the cases of main interest in the sphere of equal pay over the past year.

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Related articles on XpertHR:

>> February 2006 equal pay case law update

>> Equal pay case law reports

CASENOTES

Martins v (1) Bisset and (2) Castlehill Housing Association Ltd

The claimant did not have the benefit of reg. 15 of the dispute resolution Regulations, which extends the time limit for bringing a claim in certain circumstances, in respect of her discrimination claim against a fellow employee.

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London Borough of Lambeth & others v Corlett

The three-month time limit for presentation to tribunal of a wrongful dismissal complaint was extended by a further three months by reg. 15 of the dispute resolution Regulations.

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Related articles on XpertHR:

>> Case law reports on compliance with the statutory grievance procedures

>> Model grievance procedure

FACTFILE

Time limits for bringing tribunal claims

>> Pay
>> Redundancy/transfer of undertakings
>> Union membership/activities
>> Working time Regulations
>> Claims for breach of contract or a sum due under the contract

Access the legal timetable for summaries of forthcoming and recently implemented employment legislation, with effective dates, and browse the archive for details of older changes. Click on the consultation pages for summaries of open, closed and future consultations on legislative change.

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Appeals to be heard include an appeal to the EAT against a tribunal’s decision that an employee dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief. More…

 

Related articles on XpertHR:

>> Redundancy payments ready reckoner

>> Qualifying periods for statutory rights

>> Statutory rights with no qualifying period

     

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