The over-riding importance of the European Community

Article Abstract:

The European Court, in a sex discrimination suit, has held that European Community (EC) law may apply in the UK, regardless of whether legislation has been enacted by the UK Parliament, if an EC directive is clear and detailed enough so as not to require further legislation. The Court ruled that EC directives explicitly banning discrimination are in effect in member countries that lack legislation enacting the directives. Furthermore, the Court ruled that the provisions of the directives are applicable in countries that do not bring their law into conformity with EC directives by the scheduled date, and that the provisions of the directives supercede national law.

Europe, Cases, European Union, Sex discrimination, European Court of Justice, Great Britain

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Transfer of Undertakings Regulations clarified

Article Abstract:

Transfer of Undertakings Regulations 1981 has been clarified on a major issue by the British Secretary of State for Employment versus Spence decision (1986, IRLR248). Employers must dismiss all staff before a transfer of business to another business entity takes place. These employees may or may not be rehired, depending on the wishes of the new employer. This point was clarified due to certain provisions of British law which, in effect, made it possible for employees to claim unemployment benefits twice, should they be unfairly dismissed by the second employer or if their prior contracts with the previous employer had not expired.

Mergers, acquisitions and divestments, Acquisitions and mergers, Employee dismissals, Employment terminations, Employment at will

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