The acquired rights directive applies to a board of governors of a school since it is an ’emanation of state’.
LMA This was a claim by teachers who had lost their jobs. They claimed the protection of te hDirective.
Held: The governing body of the voluntary aided school was an emanation of the State. The school had voluntarily decided to join the State system and to accept financial aid from the LEA. Once it did this, it became an emanation of the State for the purposes of direct effect, since it was providing a public service on behalf of the State (wide interpretation).
Citations:
Times 16-Dec-1996, [1996] EWCA Civ 1194, [1997] ICR 334, (1997) 3 CMLR 630
Statutes:
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794), Acquired Rights Directive
Jurisdiction:
England and Wales
Cited by:
Cited – V v Addey and Stanhope School CA 30-Jul-2004
The respondent resisted a claim of unfair dismissal and race discrimination on the basis that the employment contract was illegal since the claimant was an immigrant and unable to work without a work permit.
Held: The Court of Appeal upheld a . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 04 November 2022; Ref: scu.141062