Results: 87

• Henke v Gemeinde Schierke

  15 Oct 1996 (Case C-298/94); [1997] ICR 746; EU:C:1996:382, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 13.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Transfer of administrative functions between public administrative authorities — Whether “transfer of an undertaking, business or part of a business” — Council Directive (77/187/EEC), art 1(1)

  1 Words & Phrases considered

  1 EU Enactment considered

• Atkins v Wrekin District Council

  11 Jul 1996 (Case C-228/94); [1997] ICR 75; EU:C:1996:288, ECJ

  Subsequent citations: 2.
  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women — Local authority concessionary travel scheme pursuant to statutory power — Scheme applying to men over 65 and women over 60 and others — Whether within social security equal treatment provisions — Transport Act 1985, s 93 — Council Directive (79/7/EEC), art 3(1)

  1 Case considered

  1 EU Enactment considered

  1 Statute considered
• United Kingdom of Great Britain and Northern Ireland v Council of the European Union (supported by Kingdom of Spain, Intervener)

  12 Nov 1996 (Case C-84/94); EU:C:1996:431; [1997] ICR 443, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 30.
  EUROPEAN COMMUNITY — Council Directive — Validity
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Validity — Directive on organisation of working time — Whether for protection of workers' health and safety — Proper basis for adoption of Directive — Whether Directive to be annulled wholly or in part — EC Treaty, art 118a — Council Directive (93/104/EC), art 5

  2 EU Enactments considered
• Viho Europe BV v Commission of the European Communities

  12 Jan 1995 (Case T-102/92); EU:T:1995:3; [1995] ICR 1050; [1995] All ER (EC) 371; [1997] 4 CMLR 469; [1995] ECR II-17; The Times, 31 January 1995, CFI (President R Schintgen, Judges R Garcia-Valdecasas, H Kirschner, B Vesterdorf and C W Bellamy)

  24 Oct 1996 (Case C-73/95P) (Case C-73/95 P); EU:C:1996:405; [1997] ICR 130; [1997] All ER (EC) 163; [1997] 4 CMLR 419; [1996] ECR I-5457; The Times, 9 December 1996, ECJ (President of Chamber G F Mancini, Judges C N Kakouris and H Ragnemalm Advocate General C O Lenz)

  Subsequent considerations : 1 negative. Subsequent citations: 8.
  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition

  EUROPEAN COURT OF JUSTICE — Appeal to — Jurisdiction
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  Case index catchwords

  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition — Parent company selling products through subsidiaries established in member states — Subsidiaries having separate legal personalities but no real autonomy — Whether competition rules applicable — EEC Treaty, art 85(1)

  EUROPEAN COURT OF JUSTICE — Appeal to — Jurisdiction — Pleas in appeal not specifying alleged flaws in judgment challenged — Whether admissible — Statute of the Court of Justice of the EC (EC Treaty, Protocol No (B)), art 49 — Rules of Procedure of the Court of Justice, art 112(1)(c)

  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition — arent company selling products through subsidiaries established in member states — Parent and subsidiaries forming single economic unit — Whether competition rules applicable — E.E.C. Treaty (Cmnd. 5179-II), art. 85(1)

  6 Case(s) considered

  3 EU Enactments considered
• Merckx v Ford Motors Co (Belgium) SA (Neuhuys v Ford Motors Co (Belgium) SA (Case C-172/94))

  07 Mar 1996 (Joined cases C-171/94 and C-172/94); [1997] ICR 352; (Case C-171/94); EU:C:1996:87, ECJ

  Subsequent considerations : 3 neutral. Subsequent citations: 1.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Dealership discontinued and activities transferred — Some staff but no assets transferred — Whether “transfer of an undertaking” — Whether employee precluded from objecting to being transferred — Council Directive (77/187/EEC), arts 1(1), 3(1), 4(2)

  2 Case(s) considered

  1 Words & Phrases considered

  1 EU Enactment considered
• R v Secretary of State for Trade and Industry, Ex parte Unison (GMB, Ex parte, National Association of Schoolmasters and Union of Women Teachers, Ex parte, R v Secretary of State for Trade and Industry, Ex parte GMB, R v Secretary of State for Trade and Industry, Ex parte National Association of Schoolmasters and Union of Women Teachers, Unison, Ex parte)

  15 May 1996 [1996] ICR 1003, DC

  Subsequent considerations : 1 neutral. Subsequent citations: 31.
  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Implementation — Employers' obligations to consult employees affected by redundancy and transfer of undertaking — Amendment of primary legislation by regulations made by Secretary of State — Whether ultra vires — Whether Directives properly transposed into United Kingdom law — European Communities Act 1972, s 2(2) — Trade Union and Labour Relations (Consolidation) Act 1992, s 188 — Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, regs 3(2), 8 — Council Directive (75/129/EEC), art 2 — Council Directive (77/187/EEC), arts 4(1), 6(1)(2)

  3 Case(s) considered

  2 EU Enactments considered

  2 Statutes considered

  1 Statutory Instrument considered

• Secretary of State for Trade and Industry v Forde

  03 Oct 1996 [1997] ICR 231, EAT

  EMPLOYMENT — Employer's insolvency — Partnership
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  Case index catchwords

  EMPLOYMENT — Employer's insolvency — Partnership — Employer partnership comprising two partners ceasing to trade — One partner adjudged bankrupt — Employee applying to Secretary of State — Whether “employer … insolvent” — Employment Protection (Consolidation) Act 1978, ss 122(1), 127(1) (as amended by Insolvency Act 1985, Sch 8, para 31(5))

  1 Words & Phrases considered

  1 Statute considered

• Pickford v Imperial Chemical Industries Plc

  18 Jul 1996 [1997] ICR 566, CA

  25 Jun 1998 [1998] 1 WLR 1189; [1998] ICR 673; [1998] 3 All ER 462, HL(E)

  Subsequent citations: 6.
  NEGLIGENCE — Duty of care to whom? — Employee
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — Employee — Secretary typing at speed for prolonged periods developing symptoms of repetitive strain injury — Employer instructing typists but not secretaries to take rest breaks — Whether employer owing duty of care — Whether negligent — Whether Court of Appeal entitled to interfere with judge's findings of fact

  1 Case considered
• Tsangacos v Amalgamated Chemicals Ltd

  31 Oct 1996 [1997] ICR 154, EAT

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  EMPLOYMENT — Transfer of undertaking — Effect of transfer

  INDUSTRIAL RELATIONS — Employment tribunals — Constitution of tribunal
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Effect of transfer — Employee dismissed four months before transfer — Complaints of unfair dismissal and race discrimination one month before transfer — Whether transferor's contingent liability transferring to transferee — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5 — Council Directive (77/187/EEC), art 3

  INDUSTRIAL RELATIONS — Employment tribunals — Constitution of tribunal — Application to add respondent — Whether within jurisdiction of chairman sitting alone — Industrial Tribunals (Constitution and Procedure) Regulations 1993, Sch 1, r 13(8)

  2 Case(s) considered

  1 EU Enactment considered

  2 Statutory Instruments considered

• London Underground Ltd v Fitzgerald

  23 Jan 1997 [1997] ICR 271, EAT

  Subsequent citations: 1.
  EMPLOYMENT — Unfair dismissal — Dismissed
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Dismissed — Fixed term contract — Contract excluding unfair dismissal provisions — Contract not renewed — Whether dismissal consisting only of expiry of term — Employment Rights Act 1996, ss 95(1), 197(1)

  1 Statute considered