Manor Bakeries Ltd v Nazir [1996] UKEAT 628_95_0108 (1 August 1996)

Manor Bakeries Ltd v Nazir [1996] UKEAT 628_95_0108 (1 August 1996)

Payment for attendance at a trade union conference under the collective agreement is not payment for 'work' within the meaning of Article 119 of the Treaty of Rome. The recognition agreement and statutory provisions distinguish between union duties (which may attract payment) and union activities (which do not constitute work for the employer). The Industrial Tribunal erred in equating attendance at the conference with 'work' and in applying the Botel case, which concerned statutory duties and training for staff committees under German law, not union activities under UK law.

Citation
[1996] UKEAT 628_95_0108
Parties
Appellant: Manor Bakeries Ltd; Respondent: Ms Nazir
Jurisdiction
United Kingdom
Judgment Date
01 August 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Equal Pay, Indirect Discrimination, Trade Union Activities, Part Time Workers
Employment Law Equality Law European Law Equal Pay Indirect Discrimination Trade Union Activities Part Time Workers

Case Brief

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Parties

Manor Bakeries Ltd

Appellant

Ms Nazir

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether payment for attendance at a trade union conference constitutes 'pay' for 'work' under Article 119 of the Treaty of Rome
  2. 2 Whether the payment scheme for part-time and full-time employees attending union conferences constitutes indirect discrimination against women

Ratio Decidendi

Payment for attendance at a trade union conference under the collective agreement is not payment for 'work' within the meaning of Article 119 of the Treaty of Rome. The recognition agreement and statutory provisions distinguish between union duties (which may attract payment) and union activities (which do not constitute work for the employer). The Industrial Tribunal erred in equating attendance at the conference with 'work' and in applying the Botel case, which concerned statutory duties and training for staff committees under German law, not union activities under UK law.

Court Disposition

appeal allowed

Orders

  • The decision of the Industrial Tribunal is set aside.
  • No finding of breach of Article 119 of the Treaty of Rome against Manor Bakeries Ltd.