This month’s watch this space
– In Caulfield v Marshalls Clay Products the Court of Appeal has asked the
ECJ to resolve the conflicting case law on whether holiday pay under the
Working Time Regulations can be paid through a rolled-up hourly rate of pay.
The Court of Appeal appeared inclined to support the view of the EAT that this
practice was permissible if certain conditions are met, but considered a
reference to the ECJ appropriate to end the legal uncertainty.
– Leave has been given to appeal a High Court ruling (Amicus v Secretary of
State for Trade & Industry) rejecting a challenge to the new legislation on
discrimination on the grounds of sexual orientation. The issue is the inclusion
in the Regulations of a ‘genuine occupational requirement’ defence that allows,
in exceptional cases, an employer to refuse to employ a gay person on the basis
that their sexuality is incompatible with the job. The High Court ruled that
this exception was not contrary to EC law but also stressed that the exception
will be given a very narrow scope.