ECJ Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2(2)(a), 10(1) and 17 – Prohibition of discrimination on grounds of sexual orientation – Concept of ‘facts from . .
ECJ Grand Chamber – 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 . .
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and Article 2(2)(a) – Article 6(2) – Age discrimination – . .
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
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit … Continue reading Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022
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
Reference for a preliminary ruling – Social policy – Equal treatment in matters of employment and occupation – Directive 2000/78/EC – Article 2(1) and (2) – Prohibition of discrimination based on age – National legislation having the effect that the treatment received by certain magistrates is higher than that of other magistrates of the same … Continue reading Curtea De Apel Alba Iulia and Others (Judgment): ECJ 20 Oct 2022
ECJ Directive 2000/78/EC – Articles 2(5), 4(1) and 6(1) – Prohibition of discrimination on grounds of age – Airline pilots – Collective agreement – Clause automatically terminating employment contracts at age 60 Judges: V Skouris, P Citations: [2011] EUECJ C-447/09, C-447/09, [2011] IRLR 1052, [2011] Eq LR 1175 Links: Bailii Statutes: Directive 2000/78/EC Citing: Opinion … Continue reading Prigge And Others v Deutsche Lufthansa AG (1): ECJ 13 Sep 2011
‘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
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of … Continue reading Tyrolean Airways Tiroler Luftfahrt Gesellschaft v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH,: ECJ 7 Jun 2012
ECJ Directive 2000/78/EC – Article 6(1) – Prohibition of discrimination on grounds of age – University lecturers – National provision providing for the conclusion of fixed-term employment contracts beyond the age of 65 – Compulsory retirement at the age of 68 – Justification for differences in treatment on grounds of age. Judges: Cunha Rodrigues P … Continue reading Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 18 Nov 2010
ECJ Grand Chamber – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Non-payment of a severance allowance to workers who are entitled to an old age pension) Judges: V Skouris P Citations: [2010] EUECJ C-499/08, [2011] 1 CMLR 35, [2010] EUECJ C-499/08, C-499/08 Links: Bailii, … Continue reading Ingeniorforeningen i Danmark v Region Syddanmark: ECJ 12 Oct 2010
ECJ (Grand Chamber) Directive 2000/78/EC – Discrimination on the grounds of age – Termination of employment contract on reaching retirement age Judges: V Skouris P Citations: [2010] EUECJ C-45/09, C-45/09, [2011] 1 CMLR 32, [2011] IRLR 51 Links: Bailii Statutes: Directive 2000/78/EC 2 Jurisdiction: European Citing: See Also – Rosenbladt v Oellerking Gebaudereinigungsges mbH ECJ … Continue reading Rosenbladt v Oellerking Gebaudereinigungsges mbH: ECJ 12 Oct 2010
ECJ Directive 2000/78/EC Articles 2(5) and 6(1) – Prohibition of discrimination on grounds of age – Provision of national law setting a maximum age of 68 for practice as a panel dentist – Aim pursued Measure necessary for the protection of health Consistency Appropriateness of the measure. Judges: Lenaerts P Citations: [2010] EUECJ C-341/08, C-341/08, … Continue reading Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe: ECJ 12 Jan 2010
ECJ Directive 2008/78/EC Article 4(1) Prohibition of discrimination on grounds of age National provision setting a maximum age of 30 years for the recruitment of officials to posts in the fire service Aim pursued Genuine and determining occupational requirement Judges: K Lenaerts P Citations: [2010] 2 CMLR 32, [2010] EUECJ C-229/08, [2010] CEC 1029, [2010] … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 12 Jan 2010
The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations. Held: The union was correct and the agreement was compliant. Judges: Morison J Citations: [2008] EWHC 2420 (QB) Links: Bailii Statutes: Employment Equality (Age) … Continue reading Rolls Royce Plc v Unite the Union: QBD 17 Oct 2008
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
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
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
ECJ Directive 2000/78/EC – Articles 2(2) and 6(1) – Charter of Fundamental Rights of the European Union – Articles 21 and 28 – Collective agreement on pay for public sector contractual employees of a Member State – Pay determined by reference to age – Collective agreement abolishing the determination of pay by reference to age … Continue reading Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011
ECJ Directive 2000/78/EC – Article 6(1) – Prohibition of discrimination on grounds of age – Compulsory retirement of prosecutors on reaching the age of 65 – Legitimate aims justifying a difference of treatment on grounds of age – Coherence of the legislation Judges: Cunha Rodrigues P Citations: [2012] ICR 93, [2011] IRLR 1043, [2011] Eq … Continue reading Fuchs v Land Hessen: ECJ 21 Jul 2011
ECJ (Opinion) Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination based on age – Article 2, paragraph 5 – Article 4, paragraph 1 – Article 6, paragraph 1 – Articles 21 and 28 of the Charter of fundamental rights – Collective agreement providing for the termination of sixty years of … Continue reading Prigge And Others v Deutsche Lufthansa AG: ECJ 19 May 2011
The claimant had issued proceedings for unfair dismissal, but his appeal against refusal of permission to amend his claim to allow a claim for disability discrimination had succeeded at the EAT. At the time when the claim had been made, the law allowing claims for associative disability had not been recognised (Attridge). Held: The employer’s … Continue reading Brill v Interactive Business Communications Ltd: CA 9 Dec 2010
(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
ECJ Social policy – Equal treatment in employment and occupation – employment contract term for the university professors who have attained the age of 65 – Setting the final retirement age for teachers University at age 68 – Justification of differences of treatment based on age. Citations: C-268/09, [2010] EUECJ C-268/09 Links: Bailii Cited by: … Continue reading Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 2 Sep 2010
ECJ (Preliminary Ruling) Directive 2000/78/EC – Article 2, paragraph 2, a) – Direct discrimination on grounds of age – Article 6, paragraph 1 – Justification of differences of treatment based on age – Legitimate Objective – Character objectively justified – Age limit consisting of the normal retirement age – Collective Agreement – Authorization of specific … Continue reading Rosenbladt v Oellerking Gebaudereinigungsges mbH: ECJ 28 Apr 2010
ECJ Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 for calculating the notice period – Justification for the measure – National legislation contrary to the directive – Role of the national … Continue reading Kucukdeveci v Swedex GmbH and Co KG: ECJ 19 Jan 2010
ECJ Pension paid by a compulsory occupational pension – Refusal survival due to the absence of marriage to same-sex partners Directive 2000/78 / EC Scope Exclusion of social security benefits Concept of pay – Discrimination based on sexual orientation‘The combined provisions of articles 1 and 2 of Directive 2000/78 preclude legislation such as that at … Continue reading Maruko v Versorgungsanstalt der deutschen Buhnen: ECJ 6 Sep 2007
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
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
ECJ Directive 2000/78/EC in principle non’discrimination age – National legislation on dismissal not taking into account the period of service completed before the employee reaches the age of 25 to calculate the notice period – National legislation incompatible with Article 6, paragraph 1 of Directive 2000/78 – Responsibility and authority of national courts General principles … Continue reading Kucukdevici v Swedex GmbH: ECJ 7 Jul 2007
ECJ Directive 2000/78/EC – Prohibition of discrimination based on age – National legislation providing for an age limit of 68 years for the exercise of a panel dentist – Objective for protecting the health of patients under the statutory health insurance consisting – Objective maintaining the financial balance of the statutory health insurance – Goal … Continue reading Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe: ECJ 3 Sep 2009
ECJ (Preliminary Ruling) Directive 2000/78/EC – Prohibition of discrimination based on age limit of 30 years of age for recruitment into the technical service through Fire Objective Justification for establishing a balanced age structure to ensure the operation and the proper functioning of the fire brigade Citations: C-229/08, [2009] EUECJ C-229/08 – O Links: Bailii … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 3 Sep 2009
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation Age discrimination Determining the pay of contractual employees of the State Exclusion of professional experience acquired before the age of 18. Judges: A Rosas P, Lindh Rap Citations: C-88/08, [2009] EUECJ C-88/08, [2009] All ER (EC) 1129 Links: Bailii Statutes: Directive 2000/78/EC Cited by: Cited … Continue reading Hutter v Technische Universitat Graz: ECJ 18 Jun 2009
Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination based on age – Distinction between direct discrimination and indirect discrimination – Severance pay-Refusal to recognize the right to claim payments redundancy in case of existence of a right to an old age pension – Justification-Employment policy – Easing the transition to … Continue reading Ole Andersen: ECJ 6 May 2010
ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Concept of disability.The concept of disability should be given a uniform and autonomous meaning throughout the EU. The court defined the concept as follows: ‘Directive 2000/78 aims to combat certain types of discrimination as regards employment and occupation. In that context, the concept of … Continue reading Sonia Chacon Navas v Eurest Colectividades SAs (Social Policy): ECJ 11 Jul 2006
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
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
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
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
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
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
ECJ Failure of-state – Directive 2000/78/EC – Equal treatment in employment and occupation – Failure to transpose within the prescribed period’ Citations: C-70/05, [2005] EUECJ C-70/05 Links: Bailii Statutes: Directive 2000/78/EC European Updated: 04 July 2022; Ref: scu.231247
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
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
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
ECJ Civil service – Officials – Assignment – Exercise turning 2010 – Article 1d, paragraphs 1 and 4, the status-Decision C (2008) 3983 – Application for relief from the rotation for health reasons – Duty of care – Decision C (2004) 1318 – Reasonable Accommodation – Directive 2000/78/EC – Equal treatment – Handicap Citations: 62/10, … Continue reading Esders v Commission (Staff Regulations): ECJ 15 Sep 2011
ECJ (Social Policy) Preliminary rulings concerning the interpretation of Articles 1, 2 and 5 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) and the decision of the Court of 11 July 2006 in Case C-13/05, Chacon Navas (Reports 2006, p. … Continue reading Ring C-337/11: ECJ 4 Aug 2011
ECJ (Social Policy) Preliminary rulings concerning the interpretation of Articles 1, 2 and 5 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) and the decision of the Court of 11 July 2006 in Case C-13/05, Chacon Navas (Reports 2006, p. … Continue reading HK Danmark acting Lone Skoubo Werge v Ring: ECJ 4 Aug 2011
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
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
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
ECJ Request for a preliminary ruling – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Article 45 TFEU – Directive 2000/78/EC – Difference in treatment on grounds of age – Determination of the reference date for the purposes of advancement on the salary … Continue reading Pohl (Judgment of The Court): ECJ 16 Jan 2014
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
Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and (2)(a) – Article 6(1) – Discrimination based on age – National legislation under which inclusion of periods of service completed before the age of 18 for the purpose of determining remuneration … Continue reading OBB Personenverkehr AG v Starjakob: ECJ 28 Jan 2015
ECJ (Social Policy – Equal Treatment In Employment and Occupation – Agea : Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) – Article 2(2)(a) – Article 6(1) – Age discrimination – On-call employment contract which may be concluded with persons under … Continue reading Abercrombie and Fitch Italia: ECJ 19 Jul 2017
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
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Principles of equal treatment and of non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 2, 3 and 6 – Scope – Difference in treatment on grounds of age – National legislation capping deductions of training … Continue reading De Lange v Staatssecretaris van Finacien: ECJ 10 Nov 2016
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Principles of equal treatment and non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 2, 3 and 6 – Difference in treatment on grounds of age – National legislation providing, in certain situations, for higher taxation … Continue reading C: ECJ 2 Jun 2016
ECJ Fundamental rights – Directive 2000/78/EC – Equal treatment in employment and occupation – Concept of discrimination based on religion or belief – Distinction between direct and indirect discrimination – Justification – Company ban on the wearing of visible religious, political or philosophical symbols – Religious and ideological neutrality – Dismissal of a female employee … Continue reading Samira Achbita and Another v G4S Secure Solutions Nv: ECJ 31 May 2016
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Principle prohibiting discrimination on grounds of age – National legislation incompatible with the directive – Possibility for a private person to bring proceedings to establish the liability of the State for breach … Continue reading Dansk Industri v Estate of Karsten Eigil Rasmussen: ECJ 19 Apr 2016
ECJ Judgment – Reference for a preliminary ruling – Social policy – Principles of equal treatment and non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and 2(2)(a) – Difference in treatment on grounds of age – Whether situations comparable – Grant of a payment, on … Continue reading O v Bio Philippe Auguste SARL: ECJ 1 Oct 2015
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 2, 3(1)(c) and 6(1) – Direct discrimination on grounds of age – Basic salary of judges – Transitional arrangements – Reclassification and subsequent career advancement – Different treatment perpetuated – Justifications R. … Continue reading Daniel Unland v Land Berlin: ECJ 9 Sep 2015
The claimant challenged the lawfulness of the 2007 Regulations insofar as they restricted the rights of young recruits to leave the Armed Forces, saying that they were incompatible with the Directive. Held: The UK had implemented a derogation to which it was entitled. The claim failed. Kenneth Parker J [2015] EWHC 2183 (Admin), [2015] WLR(D) … Continue reading Child Soldiers International v The Secretary of State for Defence: Admn 24 Jul 2015
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 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
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and (2)(a) – Article 6(1) – Difference of treatment on grounds of age – National legislation providing for severance allowance to be paid to workers entitled on the date of termination … Continue reading Ingeniorforeningen I Danmark v Tekniq: ECJ 26 Feb 2015
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Article 2(1) and (2)(a) and Article 6(1) and (2) – Difference of treatment on grounds of age – Civil service – Pension scheme – National legislation precluding the taking into account of periods of school education completed before the age of … Continue reading Felber v Bundesministerin fur Unterricht, Kunst und Kultur: ECJ 21 Jan 2015
ECJ Grand Chamber – Equal treatment in employment and occupation – Directive 2000/78/EC – Survivors’ benefits under a compulsory occupational pensions scheme Concept of ‘pay’ – Refusal because the persons concerned were not married Same-sex partners – Discrimination based on sexual orientationIt was for the national court to decide whether a surviving same sex ‘life … Continue reading Maruko v Versorgungsanstalt der deutschen Buhnen: ECJ 1 Apr 2008
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and (2)(a) – Article 6(1) – Discrimination based on age – National legislation under which inclusion of periods of study and service completed before the age of 18 for the purpose … Continue reading Schmitzer v Bundesministerin fur Inneres: ECJ 11 Nov 2014
ECJ Opinion – Social policy – Directive 2000/78/EC – Difference in treatment on grounds of age – Reference date for advancement-discriminatory regulations of a Member State excluding consideration of periods of employment before have reached the age of 18 years for the determination of compensation – Adoption of a new regulation retroactively and without financial … Continue reading OBB Personenverkehr AG v Starjakob: ECJ 3 Jul 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
ECJ Directive 2000/78/EC – Equal treatment – Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry – Exclusion of partners entering into a civil solidarity pact – Discrimination based on sexual orientation C-267/12, [2013] EUECJ C-267/12 Bailii Directive 2000/78/EC European, Discrimination, Employment Updated: 27 November 2021; Ref: … Continue reading Frederic Hay v Credit Agricole Mutuel De Charente-Maritime Et Des Deux-Sevres: ECJ 12 Dec 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
ECJ Principle of non-discrimination on grounds of age – Charter of Fundamental Rights of the European Union – Article 21(1) – Directive 2000/78/EC – Article 6(1) and (2) – Occupational pension scheme – Increases in the amount of contributions on the basis of age R. Silva de Lapuerta, P C-476/11, [2013] EUECJ C-476/11, [2014] EUECJ … Continue reading HK Danmark v Experian A/S: ECJ 26 Sep 2013
EAT Sex Discrimination : Sexual Orientation discrimination / transexualism : The recipient of an occupational pension since 2003, under the terms of a pension scheme which provided survivor’s benefits to spouses but not to those in a civil partnership, insofar as those benefits derived from service prior to the day the Civil Partnership Act 2004 … Continue reading Innospec Ltd and Others v Walker: EAT 18 Feb 2014
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
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
ECJ Equal treatment in employment and occupation Article 13 EC Directive 2000/78/EC Occupational pension scheme excluding the right to a pension of a spouse more than 15 years younger than the deceased former employee Age discrimination Link with Community lawAdvocate-General Sharpston said of the test of proportionality as it applied to national measures falling within … Continue reading Bartsch v Bosch und Siemens Hausgerate (BSH) Altersfursorge GmbH: ECJ 23 Sep 2008
ECJ Equal treatment in employment and occupation – National rules – Assistance granted to public servants in the event of illness – Directive 2000/78/EC – Article 3 – Scope – Concept of ‘pay’ K. Lenaerts P C-124/11, [2012] EUECJ C-124/11, [2012] WLR(D) 370 Bailii, WLRD Directive 2000/78/EC European Discrimination Updated: 11 November 2021; Ref: scu.467082
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
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
No retrospection for pensions of civil partnership ECJ (Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2 – Prohibition of discrimination on grounds of sexual orientation and age – National pension scheme – Payment of a survivor’s benefit to the civil partner – Condition – … Continue reading Parris v Trinity College Dublin and Others: ECJ 24 Nov 2016
(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
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
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
Ban on Faith display OK if general ECJ (Principles, Objectives and Tasks of The Treaties Principles, Objectives and Tasks of The Treaties Social Policy – Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment – Discrimination based on religion or belief – Genuine and determining occupational requirement – Meaning … Continue reading Bougnaoui and Association de defense des droits de l’homme (ADDH) v Micropole SA: ECJ 14 Mar 2017
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
Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014
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
EAT DISABILITY DISCRIMINATION – DisabilityA woman who suffered from dissociative amnesia, which had made her forget that she had a previous conviction, and who was reprimanded for failing to disclose it when she applied for a new post, was a ‘disabled person’ for the purpose of a claim of disability discrimination because her condition had … Continue reading Sobhi v Commissioner of Police of The Metropolis (Disability Discrimination : Disability): EAT 2 May 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
Discriminatory Temporary Suspension of Worker ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1 to 3 – Prohibition of all discrimination based on a disability – Whether a ‘disability’ exists – Concept of ‘long-term physical, mental, intellectual or sensory impairments’ – … Continue reading Daouidi v Bootes Plus Sl: ECJ 1 Dec 2016
ECJ (Judgment Of The Court) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment ‘in employment and occupation’ – Articles 2, 3(1)(c) and 6(1) – Direct discrimination on grounds of age – Basic pay for civil servants dependent upon age – Transitional system – Perpetuation of the difference in treatment … Continue reading Specht and others v Land Berlin and others: ECJ 19 Jun 2014
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
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .
ECJ (Opinion) The claimant accepted voluntary redundancy, but then alleged disability discrimination and constructive dismissal. She claimed to have been subjected to unfair treatment because she had a disabled . .
EAT DISABILITY DISCRIMINATION – ‘Associative’ discrimination
The Disability Discrimination Act 1995 can be interpreted so as to apply to ‘associative’ discrimination as required by the decision of the . .
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
