Part-time female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation). | |||
Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 | |||
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18/11/2011 The Court of Appeal has made its ruling in Copple & Ors v Littlewoods Plc & Ors, which supports previous lower court rulings that denied women compensation arising from their exclusion from pension schemes as they suffered no loss, the "opt-out principle". The Court deemed the women bringing their indirect sex discrimination cases to have not suffered any loss when their employer's pension scheme was not extended to part-timers, as they would not have joined the pension schemes in any case. The female Littlewoods workers argued that the 'opt-out' principle was incompatible with EU law as it did not offer a proper remedy for the indirect discrimination. The Court of Appeal disagreed as indirect discrimination does not allow for a penal remedy. |
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| Transcript of the judgement:- Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 |
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| 2011 In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already states an intention to take it. - Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Claimants with Before the Event Insurance may choose their own solicitor - Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661 The High Court issues guidance as to when contractual provisions are valid - Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB) Disciplinary processes must be conducted fairly and without undue delay - Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 |
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