In August, an employment tribunal ruled on a number of issues arising from test cases in the part-time workers' pension rights litigation. The ruling covered the issues which arise where a complainant's employment transferred under the TUPE regulations after the claim first arose, the position of male applicants, the nature of a "stable employment relationship" and the relevance of the fact that a complainant did not join a scheme when the opportunity first arose. Various trade unions are to appeal against some of the tribunal's rulings. The tribunal was scheduled to hold a directions hearing on 1 October on the practicalities of implementing its verdicts.
In Chief Constable of Bedfordshire v Liversidge, it was held that under the Race Relations Act 1976, the chief constable was not liable for individual acts perpetrated by one constable against another. This decision was subsequently reversed through legislation. However, the legislation did not cover the corresponding provisions of the Sex Discrimination Act 1975. Nevertheless, in Chief Constable of Cumbria v McGlennon, the EAT held that under the SDA, the chief constable could be liable for acts of a constable where these had his express or implied authority. The EAT has given the chief constable leave to appeal.