ECJ (Opinion) Social policy – Equal treatment between men and women – Legal age of retirement differ for men and women – Loss of conventional special protection against dismissal, therefore, what the legal age of retirement – Dismissal an employee who has reached the legal age of retirement – Discrimination based on sex as regards … Continue reading Pensionsversicherungsanstalt v Kleist: ECJ 16 Sep 2010
The EOC contended amongst other things that section 4A(1)(a) of the Sex Discrimination Act 1975 did not fulfil its intended purpose, which was to transpose into English law provisions contained in the Equal Treatment Directive 2002/73/EC. Held: The use in section 4A(1)(a) of the expression ‘on ground of her sex’ introduced a requirement of cause … Continue reading Equal Opportunities Commission v Secretary of State for Trade and Industry: Admn 12 Mar 2007
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
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 . .