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Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

Isabel Elbal Moreno v Instituto Nacional De La Seguridad Social (Inss): ECJ 22 Nov 2012

ECJ Article 157 TFEU – Directive 79/7/EEC – Directive 97/81/EC – Framework Agreement on part-time work – Directive 2006/54/EC – Contributory retirement pension – Equal treatment for male and female workers – Indirect discrimination on grounds of sex Judges: C Toader Citations: C-385/11, [2012] EUECJ C-385/11 Links: Bailii Statutes: Directive 97/81/EC, Directive 79/7/EEC Jurisdiction: European … Continue reading Isabel Elbal Moreno v Instituto Nacional De La Seguridad Social (Inss): ECJ 22 Nov 2012

Gonzalez Castro v Mutua Umivale: ECJ 19 Sep 2018

(Protection of The Safety and Health of Workers – Worker Who Is Breastfeeding – Night Work – Judgment) Reference for a preliminary ruling – Directive 92/85/EEC – Articles 4, 5 and 7 – Protection of the safety and health of workers – Worker who is breastfeeding – Night work – Shift work performed in part … Continue reading Gonzalez Castro v Mutua Umivale: ECJ 19 Sep 2018

Castro v Mutua Umivale and Others: ECJ 26 Apr 2018

Social Policy – Protection of Safety and Health of Workers – Opinion – Social policy – Protection of safety and health of workers – Directive 92/85/EEC – Article 7 – whether ‘night work’ covers shift work where the worker concerned performs her duties during the night – Worker who is breastfeeding – Assessment of working … Continue reading Castro v Mutua Umivale and Others: ECJ 26 Apr 2018

Z v A Government Department And The Board of Management of A Community School: ECJ 18 Mar 2014

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal treatment of male and female workers – Commissioning mother who has had a baby through a surrogacy arrangement – Refusal to grant her paid leave equivalent to maternity leave or adoptive leave – United Nations Convention … Continue reading Z v A Government Department And The Board of Management of A Community School: ECJ 18 Mar 2014

Arjona Camacho v Securitas Seguridad Espana SA: ECJ 17 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal treatment of men and women in matters of employment and occupation – Discriminatory dismissal – Article 18 – Compensation or reparation for the loss and damage actually sustained – Deterrent effect – Article 25 – Penalties – Punitive damages C-407/14, … Continue reading Arjona Camacho v Securitas Seguridad Espana SA: ECJ 17 Dec 2015

Maistrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton: ECJ 16 Jul 2015

ECJ Judgment – References for a preliminary ruling – Social policy – Directive 96/34/EC – Framework agreement on parental leave – Clause 2.1 -Individual right to parental leave on the grounds of the birth of a child -National legislation denying the right to such leave for a staff member whose wife does not work – … Continue reading Maistrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton: ECJ 16 Jul 2015

Commission v Netherlands: ECJ 22 Oct 2014

ECJ Failure of a Member State to fulfil obligations – Directives 2002/73/EC and 2006/54/EC – Equal treatment for men and women – Employment and occupation – Access to employment – Return from maternity leave – Formal requirements for the application initiating proceedings – Coherent summary of the pleas – Unambiguous wording of the form of … Continue reading Commission v Netherlands: ECJ 22 Oct 2014

Napoli v Ministero Della Giustizia: ECJ 6 Mar 2014

ECJ (Judgment Of The Court) Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal treatment of men and women in matters of employment and occupation – Training course for acquiring the status of a public official – Exclusion on grounds of a prolonged absence – Absence attributable to maternity leave C-595/12, … Continue reading Napoli v Ministero Della Giustizia: ECJ 6 Mar 2014

CD v ST: ECJ 26 Sep 2013

ECJ Social policy – Directive 92/85/EEC – Scope – Surrogacy – Maternity leave – Directive 2006/54/EC – Equal treatment for men and women – Prohibition of less favourable treatment for reasons of pregnancy Kokott AG C-167/12, [2013] EUECJ C-167/12, [2014] EUECJ C-167/12 Bailii, Bailii Directive 92/85/EEC European Updated: 20 November 2021; Ref: scu.515573

Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

The claimant firm of solicitors sought an order requiring the defendant to amend her employment tribunal claim so as to accord with the partnership agreement to which she was party, and to submit to arbitration. The defendant said that statutory provisions said that her freedom to go to court could not be ousted, and that … Continue reading Clyde and Co Llp and Another v Winkelhof: QBD 22 Mar 2011

Z v A Government Department And The Board of Management of A Community School: ECJ 26 Sep 2013

ECJ Opinion – Social policy – Surrogacy – Right to leave of absence equivalent to maternity leave or adoption leave – Directive 2006/54/EC – Equal treatment of men and women – Scope – United Nations Convention on the Rights of Persons with Disabilities – Directive 2000/78/EC – Equal treatment in employment and occupation – Scope … Continue reading Z v A Government Department And The Board of Management of A Community School: ECJ 26 Sep 2013

Walker v Wallem Shipmanagement Ltd and Another: EAT 16 Jan 2020

Jurisdiction – Discrimination Claims Jurisdictional Points – Working Outside The Jurisdiction The employment tribunal had not erred in law by deciding that it had no power to entertain the claimant’s claim for sex discrimination. The tribunal was correct to hold that the combined effect of section 81 of the Equality Act 2010 (the 2010 Act) … Continue reading Walker v Wallem Shipmanagement Ltd and Another: EAT 16 Jan 2020