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.
