Council may deduct community, charge from its own employees' earnings

Article Abstract:

The Employment Appeal Tribunal's (EAT) dismissal of an appeal by an employee, who was questioning the legitimacy of the employer, who was also the creditor, making the attachment of earnings, is not consistent with earlier approaches. The EAT's ruling suggests that the Wages Act 1986 allows the industrial tribunal to examine the lawfulness of the deduction. In a previous case, the EAT had ruled that the tribunal's jurisdiction did not allow such examination. The difference may be based on whether the deductions are made because of statutory requirements or under contractual matters.

Attachment and garnishment

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No comparison permitted between former council staff and existing employees

Article Abstract:

The British Employment Appeals Tribunal ruled in Lawrence v. Regent Office Care that former council employees working for a contractor providing contracted out services could not compare themselves to existing council staff doing work previously found to be of equal value to their own. Article 119 of the Treaty of Rome may not limit permissible comparisons to those working for the same employer, but parties to an equal pay claim must nevertheless be in the same establishment or service in a loose and non-technical sense.

United Kingdom, Outsourcing, Pay equity

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No protection for homosexuals under Community law

Article Abstract:

The European Court of Justice ruled in Grant v. South-West Trains Ltd. that the refusal to grant travel concessions to a member of a lesbian couple with whom the worker enjoys a stable relationship did not constitute the discrimination prohibited by Article 119 of the Treaty of Rome. Thus, Community law on sex discrimination and equal pay does not include discrimination based on a person's sexual orientation.

United States, Discrimination against gays, Employee benefits, Lesbian couples

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