Social policy – Directive 1999/70/EC – Clause 5(1)(a) of the Framework Agreement on fixed-term work – Successive fixed-term employment contracts – Objective reasons liable to justify the renewal of such contracts – National rules justifying the use of fixed-term contracts in cases of temporary replacement – Permanent or recurring need for replacement staff – Taking … Continue reading Kucuk v Land Nordrhein-Westfalen: ECJ 26 Jan 2012
ECJ Grand Chamber – Fixed-term employment – Directive 1999/70/EC – Framework agreement on fixed-term work – Abuse through use of successive fixed – term employment contracts – Civil and public servants – Employment conditions – Pay and pension entitlements – Direct effect of directives – Interpretation in conformity with a directive – Procedural autonomy – … Continue reading Impact v Minister for Agriculture and Food: ECJ 15 Apr 2008
ECJ (Social Policy) Directive 1999/70/EC Clauses 5 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Successive contracts – Equivalent legal measure -Reduction in the general level of protection afforded to workers – Measures intended to prevent abuse … Continue reading Angelidaki and Others v Organismos Nomarkhiaki Aftodiikisi Rethimnis: ECJ 23 Apr 2009
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010
ECJ (Opinion) Fixed-term work Directive 1999/70/EC Framework agreement on fixed-term work – Public sector employment – Single contracts and successive fixed-term contracts – Objective reasons – Measures to prevent abuse – Equivalent legal measures – Prohibition of regression – Penalties – Prohibition on conversion of fixed-term contracts to contracts of indefinite duration – Duty to … Continue reading Angelidaki and Others: ECJ 4 Dec 2008
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
ECJ Grand Chamber – Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination.A provision of German labour law excluding protection for short term contracts for those who were over 52 when they … Continue reading Mangold v Helm: ECJ 22 Nov 2005
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
Framework Agreement On Fixed-Term Work – Judgment – Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Definition of ’employment conditions’ – Comparability of situations – Justification – Definition of ‘objective grounds’ – … Continue reading Mateos v Agencia Madrilena de Atencion Social de la Consejeria de Politicas Sociales y Familia de la Comunidad Autonoma de Madrid: ECJ 5 Jun 2018
(Grand Chamber) Framework Agreement On Fixed-Term Work – Judgment – Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Definition of ’employment conditions’ – Comparability of situations – Justification – Definition of ‘objective … Continue reading Grupo Norte Facility v Gomez: ECJ 5 Jun 2018
ECJ Articles 53(2) and 99 of the Rules of Procedure of the Court – Social policy – Principle of equal treatment – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Fixed-term employment contracts in the public sector – Determination of length of service – Difference … Continue reading Vino C-161/11: ECJ 22 Jun 2011
ECJ (Order) Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clauses 3 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Obligation to state the objective reasons – Elimination – Reduction in … Continue reading Vino v Poste Italiane: ECJ 11 Nov 2010
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Concept of ’employment conditions’ – Compensation for termination of a contract of employment – Compensation not provided for by the national legislation … Continue reading De Diego Porras: ECJ 14 Sep 2016
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
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
ECJ Judgment – Failure of a Member State to fulfil obligations – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Occasional workers in the entertainment arts – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of successive fixed-term contracts … Continue reading Commission v Luxembourg: ECJ 26 Feb 2015
ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014
ECJ Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Universities – Associate lecturers – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of fixed-term contracts – Concept of ‘objective reasons’ justifying such contracts – Clause 3 – Concept of … Continue reading Mairquez Samohano v Universitat Pompeu Fabra: ECJ 13 Mar 2014
ECJ Request for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Concept of ’employment conditions’ – Notice period for the termination of a fixed-term employment contract – Difference in treatment between workers on contracts of indefinite duration C-38/13, … Continue reading Nierodzik v Samodzielny Publiczny Psychiatryczny Zaklad Opieki Zdrowotnej im. dr. Stanislawa Deresza w Choroszczy: ECJ 13 Mar 2014
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
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
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
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 Regulations operated to change the contracts into permanent ones. The decision was ‘whether the employment contracts between … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009
The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years. Held: The Secretary of State’s appeal succeeded. It was objectively justified to employ the teachers on the current fixed … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: SC 29 Mar 2011
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012
lnw_jansenECJ2011 ECJ (Social Policy) French Text – (Opinion of Advocate General) Social policy – Directive 1999/70/EC – Framework agreement on fixed-term employment – Clause 5, paragraph 1 – Measures to prevent the misuse of successive fixed-term contracts – ‘objective reasons’ justifying the renewal of such contracts – Taking into account the number or the cumulative … Continue reading Land Nordrhein-Westfalen v Jansen: ECJ 15 Sep 2011
The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Successive fixed-term employment contracts or relationships – Misuse – Preventive . .
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 3 and 4 – Principle of . .