Employment - April 2008

This month’s edition includes articles on:

• Part-time workers
• Sexual orientation discrimination
• Serial grievances
• Deducting wages for strike action
• Legislation pipeline

Part-time workers

Following the hearing by the House of Lords in 2006, the test cases have been remitted back to the employment tribunal, which upheld the retained fire fighters' claims that they carried out the same or broadly similar work as the full-time fire fighters and they were treated less favourably in relation to pension and sick pay provision and that the differences were not justified.  Leigh Carter, Trainee Solicitor at Weightmans' London employment team, reports on the part-time fire fighters’ case of Matthew and others v Kent and Medway Towns Fire Authority and others.

Sexual orientation discrimination

The recent decision by the EAT in English v Thomas Sanderson Blinds Ltd UKEAT/0556/07 highlights that homophobic abuse did not amount to discrimination where the recipient of the abuse was known not to be gay, but this may change with future amendments to the legislation.  Jon Gregson, a Solicitor in Weightmans’ Liverpool employment team reports on sexual orientation and English v Thomas Sanderson Blinds Ltd UKEAT/0556/07.

Serial grievances

In the case of Owers v Devon Fire & Rescue Service, the Times 27 February 2007, Owers, a Fire Service Controller, is understood to have accepted a sum in the region of £100,000 after a Tribunal held that he had been subjected to sex discrimination and constructively dismissed.  Laura Kearsley, a Solicitor in the Weightmans’ Birmingham employment team, comments on the handling of serial grievances, by reference to the recent case of Owers v Devon Fire & Rescue Service.

Deducting wages for strike action

The recent High Court decision of Cooper v Isle of Wight College confirmed that employers are only entitled to make deductions in respect of strike action equivalent to the wages the employees would have earned during the period of strike and not holiday entitlement accrued during that period. Leigh Carter reports on the case of Cooper v Isle of Wight College and deductions from wages in relation to strike action.

Legislation pipeline

Laws due to be implemented from 6 April 2008 include changes to social security and employment tribunal rates; obligations for smaller employers in relation to employee information and consultation and pension consultation; the deadline for the EHRC equality schemes and changes for employment agencies.  The quarterly legislation pipeline by Paul MacFarlane, Associate, London, contains reminders of recent and forthcoming employment law developments.

This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only and is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans LLP accepts no responsibility for any loss that may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans.