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Danosa v LKB Lizing SIA: ECJ 11 Nov 2010

ECJ Social policy – Directive 92/85/EEC – Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 2(a) and 10 – Concept of ‘pregnant worker’ – Prohibition on the dismissal of a pregnant worker during the period from the … Continue reading Danosa v LKB Lizing SIA: ECJ 11 Nov 2010

Pensionsversicherungsanstalt v Kleist: ECJ 18 Nov 2010

ECJ Social policy – Equal treatment of men and women in matters of employment and occupation – Directive 76/207/EEC – Article 3(1)(c) – National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension – Objective of promoting employment of younger persons – National rules setting the age conferring … Continue reading Pensionsversicherungsanstalt v Kleist: ECJ 18 Nov 2010

O’Neill v Governors of St Thomas More RC School: EAT 12 Oct 1995

The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged a letter withdrawing her appeal. She then received a reply from the … Continue reading O’Neill v Governors of St Thomas More RC School: EAT 12 Oct 1995

Habermann-Beltermann v Arbeiterwohlfahrt: ECJ 5 May 1994

ECJ Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, precludes an employment contract without a fixed term for night-time work entered into … Continue reading Habermann-Beltermann v Arbeiterwohlfahrt: ECJ 5 May 1994

Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

The Equal Treatment Directive is concerned with ‘workers’ which is a term of art in Community law: ‘That concept must be defined in accordance with objective criteria which distinguish the employment relationship by reference to the rights and duties of the persons concerned. The essential feature of an employment relationship, however, is that for a … Continue reading Deborah Lawrie-Blum v Land Baden-Wuerttemberg: ECJ 3 Jul 1986

Marc Betriu Montull v Instituto Nacional De La Seguridad Social (Inss): ECJ 19 Sep 2013

ECJ Social policy – Directive 92/85/EEC – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Article 8 – Maternity leave – Directive 76/207/EEC- Equal treatment for male and female workers – Article 2(1) and (3) – Right to leave for employed … Continue reading Marc Betriu Montull v Instituto Nacional De La Seguridad Social (Inss): ECJ 19 Sep 2013

Niederosterreichische Landes-Landwirtschaftskammer v Anneliese Kuso: ECJ 12 Sep 2013

ECJ Social policy – Equal treatment for men and women – Directive 76/207/EEC – Fixed-term employment contract concluded prior to the accession of the Member State – Expiry of the fixed term after the accession – Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement … Continue reading Niederosterreichische Landes-Landwirtschaftskammer v Anneliese Kuso: ECJ 12 Sep 2013

Nadezda Riezniece v Zemkopibas Ministrija: ECJ 20 Jun 2013

ECJ Social policy – Directive 76/207/EEC – Equal treatment for male and female workers – Directive 96/34/EC – Framework Agreement on Parental Leave – Abolishment of officials’ posts due to national economic difficulties – Assessment of a female worker who took parental leave as compared to workers who remained in active service – Dismissal at … Continue reading Nadezda Riezniece v Zemkopibas Ministrija: ECJ 20 Jun 2013

O’Brien v Ministry of Justice: SC 28 Jul 2010

The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 2010

Webb v EMO Air Cargo (UK) Ltd (No 1): HL 3 Mar 1993

Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant circumstance for the purposes of the comparison required by section 5(3) to be made is expected unavailability at … Continue reading Webb v EMO Air Cargo (UK) Ltd (No 1): HL 3 Mar 1993

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

Garland v British Rail Engineering Ltd: HL 19 Jan 1981

There was a dispute between an employee of the company, a subsidiary of the British Railways Board, a body created by the Transport Act 1962 to manage the railways in the united kingdom, and her employer concerning discrimination alleged to be suffered by female employees who on retirement no longer continue to enjoy travel facilities … Continue reading Garland v British Rail Engineering Ltd: HL 19 Jan 1981

O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to remit the case to the Employment Tribunal for a substantive hearing … Continue reading O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

Coote v Granada Hospitality Ltd: ECJ 22 Sep 1998

coote_granadaECJ1998 The employer had refused to provide a reference after the claimant had left the company after making a sex discrimination claim. She said this was victimisation. Held: The state has a duty to protect workers against retaliation after employment has been terminated by employers against who claim for sex discrimination had been successful. Victimisation … Continue reading Coote v Granada Hospitality Ltd: ECJ 22 Sep 1998

Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004

von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984

LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German court found that they had been rejected on grounds of sex and that the rejection had not … Continue reading von Colson and Kamann v Land Nordrhein-Westfalen: ECJ 10 Apr 1984