European court likely to rule against contracted-out staff

first_img Previous Article Next Article A European court case with significant implications for the Government’splans for public services looks set to be decided in employers’ favour. The Advocate General has given his opinion in the case of Lawrence v RegentOffice Care, referred to the European Court of Justice by the Court of Appeal. It involved a group of dinner ladies and cleaners transferred to the privatesector when North Yorkshire County Council contracted out, who argued thatunder European equal pay law they should be able to compare their pay andconditions directly with workers of equal value still employed by the council. But last month the Advocate General said it was not possible under Article141 of the Treaty of Amsterdam for employees of a transferee to compare theirpay with those of the transferor since the terms and conditions were notderived from the same source. The ECJ is now expected to rule on the case within the next few months – itusually follows the A-G’s opinion. The decision is likely to add fuel to the row caused last month by a leakedCabinet Office document suggesting the Government is not after all prepared toguarantee all employees’ terms and conditions will be protected in public toprivate transfers. The document argued that the scope of the TUPE regulations, which are beingamended to bring them into line with the Acquired Rights Directive, shouldcontinue to exclude both pensions and service contracts. European court likely to rule against contracted-out staffOn 1 Apr 2002 in Personnel Today Comments are closed. Related posts:No related photos.last_img read more