Previous Article Next Article Watch this spaceOn 1 Apr 2002 in Personnel Today Whether post-termination acts can be the subject of complaints under theDisability Discrimination Act 1995 and the Race Relations Act 1976 will bedecided by the House of Lords later this year. The Court of Appeal has upheldthe EAT’s decision in Jones v 3M Healthcare that the DDA offers no suchprotection. It is now set to go to the highest court along with D’Souza, a casebrought under the RRA, which is already under appeal to the Lords. Celtec v Astley – concerning the rights under TUPE of secondees who remainin the employment of a transferor at the time of transfer but subsequentlybecome employed by a transferee – has now been heard by the Court of Appeal.Judgment is expected by the next issue. The Advocate General has given his opinion in Lawrence v Regent Office Care,a case referred to the ECJ by the Court of Appeal. The issue is whether, underthe equal pay provisions of Article 141 of the EU Treaty, employees of atransferee can compare their pay with employees of the transferor who carry outwork of equal value. The Advocate General says this is not possible – the termsand conditions are not derived from the same source – and the ECJ is expectedto rule within six months. The Court of Appeal will also decide whether TUPEgives any additional protection in these circumstances. Related posts:No related photos. Comments are closed.