The morass of maternity law
Article Abstract:
Maternity rights in the UK have been made unclear by the number of laws that apply to the issue. Pregnancy and maternity leave can come under the Employment Protection (Consolidation) Act of 1978, the Sex Discrimination Act of 1975, the European Community (EC) Equal Treatment Directive of 1976, and the forthcoming EC pregnancy and maternity regulation. Court decisions on two European cases, Dekker v VJV Centrum and Webb v Emo Air Cargo, generated more confusion instead of clarifying the issue. However, these cases did shed some light on the dismissal of employees because of pregnancy. According to the Dekker ruling, employers will be found guilty of sex discrimation if they refuse to employ a pregnant woman because of the added cost of her replacement. On the other hand, no direct discrimination will be found if a female employee is terminated because her absence would prevent the accomplishment of the job assigned to her, based on the Webb case ruling.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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What do wages really mean?
Article Abstract:
UK Courts' definitions of 'wages' can have several different meanings, depending on the context. Wages can include basic pay, overtime, pension payments, private medical insurance, and use of the company automobile. Each court case must be determined on the basis of the facts and circumstances surrounding the case. One court, for example, determined that losses resulting from breach of contract included bonuses and commissions, even if the commission was paid by a third party. In another case, the court determined that wages would refer only to monetary payments, not benefits such as the use of the company car.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1991
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Unreasonable contract terms
Article Abstract:
UK courts are beginning to protect employees against unreasonable contracts. Courts traditionally have not had to determine whether a contract is reasonable, and they have enforced contracts containing terms that appeared to be unreasonable because both parties agreed to the terms. However, courts are starting to use the Unfair Contract Terms Act 1977 to offer protection from unreasonably harsh working conditions. The act protects consumers from the abusive utilization of exclusion clauses to reduce the unreasonable effects of some provisions of employment.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1991
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