Employment Law

EAT rules on correct approach to establishing service provision change under TUPE 2006
In Metropolitan Resources Ltd v Churchill Dulwich Ltd and ors the EAT has held that it is a question of fact for the tribunal whether there has been a service provision change under TUPE 2006. The tribunal should consider whether the activities carried out by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor. Click here for more details

EAT endorses 'piggyback' equal pay claims
In McAvoy and ors v South Tyneside Borough Council and ors the EAT has held that a man may validly pursue a 'piggyback' equal pay claim by comparing himself with a woman, engaged on like work, work rated as equivalent or work of equal value, who herself has succeeded in an equal pay claim with a higher paid male comparator. The EAT also held that such a claim may be brought contingently, even before the woman's right to equal pay has been established by a tribunal, and that the man in such circumstances has the same right as the woman to payment of arrears. Click here for more details

Revised Framework Agreement on parental leave signed by European social partners
The European social partners, ETUC, BUSINESSEUROPE, CEEP and UEAPME, signed a revised Framework Agreement on parental leave on 18 June 2009. This is the first step in enacting a new directive on parental leave. Click here for more information.

For details of forthcoming UK and EU legislation, as well as the dates on which recent enactments dealing with HR and employment-related issues came into force click here.
For a handy summary of employment rights, compensation limits, and forthcoming legislation, as well as an overview of the main changes to employment law in 2009, click here (PDF).

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