Search Results for: Council Directive 2000/78/EC

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The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Age Concern challenged the implimentation of the European Directive as regards the prohibition of age discrimination. Judges: David J Citations: [2007] EWHC 3090 (Admin) Links: Bailii Statutes: Council Directive of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2000/78/EC), Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Jurisdiction: … Continue reading The Incorporated Trustees of the National Council on Aging (Age Concern England), Regina (on the Application of) v Secretary of State for Business, Enterprise and Regulatory Reform: Admn 24 Jul 2007

Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 23 Sep 2008

Europa Council Directive 2000/78/EC Article 6(1) Age discrimination – Compulsory retirement National legislation permitting employers to dismiss employees aged 65 and over if the reason of dismissal is retirement Justification. Citations: C-388/07, [2008] EUECJ C-388/07 – O Links: Bailii Statutes: Council Directive 2000/78/EC, Employment Equality (Age) Regulations 2006 (SI 1031 No 2006) Citing: At First … Continue reading Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 23 Sep 2008

Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016

Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher. Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have also been required to remove a veil since it obscured her face and mouth and was a … Continue reading Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 5 Mar 2009

(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages. Held: The complaint failed. The Directive allowed states to provide for certain differences in treatment provided that it could be shown to have an objective and reasonable … Continue reading Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 5 Mar 2009

Foster v Cardiff University: EAT 27 Mar 2013

EAT DISABILITY DISCRIMINATION – Reasonable adjustmentsThe Claimant is employed as an academic at the Respondent university’s business school and suffers from Chronic Fatigue Syndrome, a recognised disability. The Employment Tribunal dismissed the Claimant’s complaints of disability discrimination and harassment. The core of the case concerned an alleged breach of the duty to make reasonable adjustments … Continue reading Foster v Cardiff University: EAT 27 Mar 2013

SCRL (Vetement A Connotation Religieuse): ECJ 13 Oct 2022

‘Religion or belief’ – one discrimination ground Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishment of a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the ground of religion or belief – Internal rule of a private undertaking prohibiting any manifestation, in the workplace, … Continue reading SCRL (Vetement A Connotation Religieuse): ECJ 13 Oct 2022

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension. Held: … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 15 Feb 2007

Europa Council Directive 2000/78/EC Article 6 – General principle of Community law – Age discrimination – Compulsory retirement – Direct effect – Obligation to set aside conflicting national law. Citations: C-411/05, [2007] EUECJ C-411/05, [2007] IRLR 989, [2007] ECR I-8531 Links: Bailii Statutes: Council Directive 2000/78/EC Jurisdiction: European Cited by: Order – Felix Palacios de … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 15 Feb 2007

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

Hall and Another v Bull and Another: Misc 4 Jan 2011

(Bristol County Court) The claimants, homosexual partners in a civil partnership, sought damages after being refused a stay at the bed and breakfast hotel operated by the defendants, who said that this was their home, and that they were committed Christians. Held: The claim succeeded. Rutherford J said: ‘The defendants’ right to have their private … Continue reading Hall and Another v Bull and Another: Misc 4 Jan 2011

S. Coleman v Attridge Law, Steve Law: ECJ 17 Jul 2008

ECJ Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment related to disability – Dismissal of an employee who is not himself disabled but whose child is disabled – Included – Burden of proof. … Continue reading S. Coleman v Attridge Law, Steve Law: ECJ 17 Jul 2008

Whaley and Another v Lord Advocate: HL 28 Nov 2007

The House considered claims that the 2002 Act, which set out to make unawful the hunting of wild mammals with dogs unlawful, infringed the claimants’ human rights, in that it contravened international treaties requiring the support for traditional practices and cultures. Held: Any interference with the appellants article 11 rights was justified. The Act was … Continue reading Whaley and Another v Lord Advocate: HL 28 Nov 2007

MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003

Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Walker v Innospec Ltd and Others: SC 12 Jul 2017

The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017

CLFIS (UK) Ltd v Reynolds: CA 30 Apr 2015

The company appealed against a finding that it was guilty of age discrimination in ending a consultany arrangement with the respondent who ws 73 years old. Longmore, Jackson, Underhill LJJ [2015] EWCA Civ 439, [2015] WLR(D) 197, [2015] IRLR 562, [2015] ICR 1010 Bailii, WLRD Employment Equality (Age) Regulations 2006, EU Council Directive 2000/78/EC England … Continue reading CLFIS (UK) Ltd v Reynolds: CA 30 Apr 2015

Hainsworth v Ministry of Defence: CA 13 May 2014

The appellant was employed by the respondents working in Germany. Her daughter suffered chronic illness and she wished to care for her in England. She said that the refusal to allow her to return to work in the UK was discriminatory as associative discrimination. Held: The suggestion that a carer for a disable person was … Continue reading Hainsworth v Ministry of Defence: CA 13 May 2014

Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65. Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social aim of labour market confidence. The use of a designated retirement age … Continue reading Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020

Discriminatory Intent of Firm Founded Claim (Equal Treatment In Employment and Occupation – Prohibition of Discrimination – Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a), Article 8(1) and Article 9(2) – Prohibition of discrimination based on sexual orientation – Conditions for access to employment … Continue reading NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020

British Airways Plc v Williams and Others: SC 24 Mar 2010

The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay. Held: The position was not acte claire, and the case … Continue reading British Airways Plc v Williams and Others: SC 24 Mar 2010

Jivraj v Hashwani (Rev 2): CA 22 Jun 2010

The court was asked whether parties to an arbitration agreement in a commercial contract can stipulate that the tribunal is to be drawn from members of a particular religious group, in this case the Ismaili community. Held: The defendant’s appeal succeeded. The Directive was concerned with discrimination in several fields many of which were already … Continue reading Jivraj v Hashwani (Rev 2): CA 22 Jun 2010

Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007

EAT PART TIME WORKERSA police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act 1995 because that was not a normal day-to-day activity. In so far as … Continue reading Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007

High Quality Lifestyles Ltd v Watts: EAT 10 Apr 2006

EAT The Employment Tribunal had erred in its construction of direct discrimination under s3A(5) of the Disability Discrimination Act 1995 as amended when it failed to construct a correct hypothetical comparator for the Claimant who was an HIV+ care worker dismissed because of the risk of transmission to users of the Respondent’s health care facilities. … Continue reading High Quality Lifestyles Ltd v Watts: EAT 10 Apr 2006

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

EAT Unfair dismissal and Race Relations Act 1976 Unfair dismissal – Exclusions including worker/jurisdiction Three cases were stayed pending the judgment of the House of Lords in Lawson v Serco [2006] ICR 250. The appeal in the British Council case was dismissed on withdrawal after the hearing and before the judgment. In ADT, the Employment … Continue reading ADT Fire and Security Plc v Speyer: EAT 15 Sep 2006

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Dansk Jurist-Og Okonomforbund v Indenrigs-Og Sundhedsministeriet: ECJ 26 Sep 2013

ECJ Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Directive 2000/78/EC – Article 6(1) and (2) – Refusal to grant availability pay to civil servants who have reached the age of 65 and are entitled to a pension C-546/11, [2013] EUECJ C-546/11, [2014] 1 CMLR 41, [2013] WLR(D) … Continue reading Dansk Jurist-Og Okonomforbund v Indenrigs-Og Sundhedsministeriet: ECJ 26 Sep 2013

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Bull and Bull v Hall and Preddy: CA 10 Feb 2012

The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012

HM Land Registry v Grant: EAT 15 Apr 2010

hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010