Source: All England Reporter
Publisher Citation: [2005] All ER (D) 69 (Nov)
Court: Court of Appeal, Civil Division

Keene, Scott Baker and Richards LJJ

Representation John Bowers QC and Philippa Watson (instructed by Simpson Miller) for the claimant.
  Nicholas Paines QC and Akhlaq Choudhury (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 4 November 2005


Employment tribunal - Jurisdiction - Challenge to compatibility of implementing Regulations with Community law - Appropriate forum for complaint - Whether employment tribunal having jurisdiction to disapply restriction in domestic law where restriction incompatible with Community law - Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551 - Council Directive (EC) 97/81.

The Case

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