EU court backs UK Tesco workers in fight for equal pay

[Baff]

In a way yes . On appeal the UK supreme court may overturn the European courts decision . Dont hold your breath on that one . 

Supreme court? Needs an appeal?
I suggest that normal court is the same. Free to endorse or overrule the EU's guidance as they please.

[cromwell]

That's how I originally read it Thomas

However         https://www.pinsentmasons.com/out-law/guides/retained-eu-law-uk-after-brexit

We only need a few remoaners in the judiciary and it all goes ping tong .

Leftovers please

[Streetwalker]

I dont think what baffy said is quite true streetwalker. As i understand it , the eu courts decision is binding and cannot be overturned by the uk court. I might be wrong , but im sure i read that.
https://www.personneltoday.com/hr/what-did-the-european-courts-tesco-ruling-mean/

That's how I originally read it Thomas

However         https://www.pinsentmasons.com/out-law/guides/retained-eu-law-uk-after-brexit

We only need a few remoaners in the judiciary and it all goes ping tong .

[Thomas]

In a way yes . On appeal the UK supreme court may overturn the European courts decision . Dont hold your breath on that one . 

I dont think what baffy said is quite true streetwalker. As i understand it , the eu courts decision is binding and cannot be overturned by the uk court. I might be wrong , but im sure i read that.

Many will question the CJEU's ruling on the basis that, since Brexit, the court no longer has jurisdiction over UK law. National courts of EU members routinely refer questions on EU law to the European court.

In this case, however, the court's decision does have implications for UK employers. This is because the CJEU was asked whether workers could compare salaries with others in different parts of the business in 2019, before the UK's formal exit from the EU

This decision is final and binding and these principles will therefore be applied to any future equal pay cases in the UK," says Beamish.

https://www.personneltoday.com/hr/what-did-the-european-courts-tesco-ruling-mean/

[Streetwalker]

The UK court may choose to take the guidance from the EU, or it may not.

In a way yes . On appeal the UK supreme court may overturn the European courts decision . Dont hold your breath on that one . 

[Nick]

Simple, if you want equal pay you have to sign up for flexi-jobs. When you clock in you get assigned a job for the day, warehouse, stacking or tills. When some 7 stone girl who wants equal pay clocks for warehouse and has to drag pallet trucks around and lift heavy boxes she will soon change her mind.

[Baff]

As far as I can make out Thomas the UK court had to ask the EU court for guidance because under the withdrawal agreement any case  which fell under  our time in the EU is still under EU law . 
It will be some time before that particular tentacle is removed from UK courts .


,

The UK court may choose to take the guidance from the EU, or it may not.

Personally I don't think a Tesco cashier works as hard as a Tesco warehouse labourer.
I don't think the two jobs warrant the same pay.

The EU deciding in their favour however, while in itself not decisive for their case, is certainly one small step closer to winning it.

[Thomas]

EU workers in the UK get no more benefits than British workers employed in France, for example. British workers in France are able to claim the more generous French allowances. They can also remit them to the UK, and choose to live in shared accommodation thus saving on costs...

Selectively cherry picking "France" , a similarly rich western european nation , as an example is nothing more than a puerile attempt to show eu immigration and reciprocal benefits in a good light when everyone knows the small minority of highly skilled western/ central european nations workers living and working in each others countries isnt and never has been the problem with freedom of movement that caused part of the anger that led to brexit.

Quite clearly as streetwalker points out the issue always has been the mass flow of eastern europeans from poorer/extremely poor countries , who by far take up much of the low paid low skilled jobs which then entitle them to vast amounts of benefits like working tax credits in this country while their own nations pay little to no reciprocal amounts were a uk worker to migrate there for work.( which would be highly doubtfull)

One of our polish friends were telling us recently for example how good the scottish/uk  furlough scheme was compared to poland where the polish government only paid 40 % furlough compared to the 80 % here.

There will be many pros and cons of leaving the EU pat , but trying to make a belated argument regarding migrant workers and alloted benefits in various countries isnt something in my opinion that will be a winning argument for re joining.

[patman post]

EU workers in the UK get no more benefits than British workers employed in France, for example. British workers in France are able to claim the more generous French allowances. They can also remit them to the UK, and choose to live in shared accommodation thus saving on costs...

[Streetwalker]

For backs see: "We agree with you but can do feck all about it".

TBH I have a differing view on this as my cousin has a few houses rented out to Eastern European people.

If we are going to match pay for pay we also need to examine other aspects of life.

8 to 10 people living in one rented house, only shopping in their nationalities shops.
Sending virtually all their money back home.
Until Brexit claiming dole for family back home.
Never going down the pub.

They work hard but after 10 years they go back home and live like kings, the endemic population can't do this so IMHO the EU nationals should get less.

I await the lefty limp wristed tree huggers telling me I am disgusting but I say....Meh!!

Reminds me of when I worked on sites in Germany in the late 70's early 80's  . Had my own room above a bar , didn't send any money home , no dole and was known in  the pubs and clubs of  Hanover .  Suffice to say when I stepped off the ferry at Harwich  in October 1982  I had £50  to show for 3 years graft .

Enjoyed every minute of it 

But I get your point with regard to the non spending Europeans . Maybe its the value of money . Back in the days of my travelling for work the cost of living in Germany was pretty similar to the UK . What we get with the Eastern Europeans is a vast difference and that was always the problem with EU expansion and free movement of labour

[Streetwalker]

I was mainly surprised by this story as i thought eu courts jurisdiction ended in january. To be fair though , it is a good news story for tesco workers , so well done eu courts .

As far as I can make out Thomas the UK court had to ask the EU court for guidance because under the withdrawal agreement any case  which fell under  our time in the EU is still under EU law . 
It will be some time before that particular tentacle is removed from UK courts .

[Nick]

https://www.irishtimes.com/business/work/eu-court-backs-uk-tesco-workers-in-fight-for-equal-pay-1.4583135

I was mainly surprised by this story as i thought eu courts jurisdiction ended in january. To be fair though , it is a good news story for tesco workers , so well done eu courts .

For backs see: "We agree with you but can do feck all about it".

TBH I have a differing view on this as my cousin has a few houses rented out to Eastern European people.

If we are going to match pay for pay we also need to examine other aspects of life.

8 to 10 people living in one rented house, only shopping in their nationalities shops.
Sending virtually all their money back home.
Until Brexit claiming dole for family back home.
Never going down the pub.

They work hard but after 10 years they go back home and live like kings, the endemic population can't do this so IMHO the EU nationals should get less.

I await the lefty limp wristed tree huggers telling me I am disgusting but I say....Meh!!

[Thomas]

EU court backs UK Tesco workers in fight for equal pay

Thousands of current and former employees of UK supermarket group Tesco on Thursday won the support of Europe's top court in their fight for equal pay in a judgment that could affect other retailers.

Tesco found itself in the spotlight after about 6,000 current or former employees took their grievance to an employment tribunal in Watford, near London.

They argued the company's shop workers, mostly women, had not received equal pay for equal work compared with its distribution workers, who are mostly men, since February 2018, in breach of EU and UK laws. The shop staff argued the firm should be seen as a single entity in terms of employment conditions.

Tesco had argued an EU law defining equal pay for equal work, or work of equal value, was not directly applicable in this case.

The UK tribunal sought guidance from the Luxembourg-based Court of Justice (CJEU), Europe's highest, which rejected Tesco's arguments.

https://www.irishtimes.com/business/work/eu-court-backs-uk-tesco-workers-in-fight-for-equal-pay-1.4583135

I was mainly surprised by this story as i thought eu courts jurisdiction ended in january. To be fair though , it is a good news story for tesco workers , so well done eu courts .