Employment Law Update August 2011

Dismissal for refusing pay cut

The Employment Appeals Tribunal (“EAT”) has decided in Garside & Laycock v Booth , that the question whether a dismissal is fair for "some other substantial reason", where the dismissal is for failure to accept wage-cutting...

Compulsory retirement age - European Court of Justice decision leads to further confusion

The European Court of Justice (“ECJ”) has provided what is, at best, a confusing decision with regard to a compulsory retirement age in the case of Fuchs v Land Hessen . Some employment law commentators have gone further and say it is verging...

Payment for overtime

The Court of Appeal (“CA”) has handed down its decision in Driver v Air India Ltd holding that where a contractual payment is not specified the law implies a reasonable sum with regard to overtime payments. The principal issue in...

Inadvertent conversation about sexual orientation was not discriminatory

The Court of Appeal has decided, in Grant v HM Land Registry , that an idle conversation about someone being gay, when he had already made it public, will not, without more, constitute discrimination. It was accepted by both parties that Mr...

Employment Law Q & A - Agency Worker Regulations

This month’s Q&A focuses on the key points of the Agency Workers Regulations 2010 (“the Regulations”), which are due to come into effect on 1 October 2011. Q  In brief, what is the purpose of the Regulations?...