Europa (Opinion) Social policy – Equal treatment for men and women – Breastfeeding leave. Citations: C-104/09, [2010] EUECJ C-104/09 – O Links: Bailii Jurisdiction: European Cited by: Opinion – Roca Alvarez (Social Policy) ECJ 30-Sep-2010 Social policy – Equal treatment for male and female workers – Directive 76/207/EEC – Articles 2 and 5 – Right … Continue reading Roca Alvarez (Social Policy): ECJ 6 May 2010
Social policy – Equal treatment for male and female workers – Directive 76/207/EEC – Articles 2 and 5 – Right to leave for employed mothers – Possible use by an employed mother or an employed father – Mother self-employed – Exclusion of the right to leave for an employed father Citations: [2010] EUECJ C-104/09, [2011] … Continue reading Roca Alvarez (Social Policy): ECJ 30 Sep 2010
The appellant, a homosexual, appealed against rejection of his claims for sex discrimination and sexual harassment. Judges: Lotd Johnston Citations: [2000] UKEAT 0121 – 00 – 1909, [2001] ICR 1, [2001] Emp LR 105, [2001] HRLR 5, [2000] IRLR 748, [2001] 1 All ER 620 Links: Bailii Statutes: Equal Treatment Directive 76/207/EEC, Sex Discrimination Act … Continue reading MacDonald v Ministry of Defence: EAT 19 Sep 2000
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996
ECJ Social policy – Equal treatment for men and women – Article 141, paragraph 4 EC – Directive 76/207 / EEC – Conditions of access to public employment – Provisions reserving to widows who have not remarried the benefit of the exemption from limits age for access to such jobs Citations: C-319/03, [2004] EUECJ C-319/03 … Continue reading Briheche v Ministre de l’Interieur, Ministre de l’Education nationale and Ministre de la Justice (Social Policy): ECJ 30 Sep 2004
EAT Sex Discrimination – Indirect – European Material – Article 19. EAT European Material – Article 19 EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Lindsay (President) Citations: EAT/1080/98, EAT/1300/97, [2000] UKEAT 1300 – 97 – 2903 Links: EAT, EAT, Bailii Statutes: Equal Treatment Directive (Council Directive 76/207/EEC Jurisdiction: England and … Continue reading Allonby v Accrington and Rossendale College: EAT 29 Mar 2000
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 college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the complainant relied upon as discriminatory was that in order to qualify for re-engagement she had … Continue reading Allonby v Accrington and Rossendale College and others: CA 23 Mar 2001
Europa Social policy ‘Protection of pregnant women’ Directive 92/85/EEC ‘Article 10’ Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave ‘Period of protection Decision to dismiss a female worker during that period of protection’ Notification and implementation of the decision to dismiss after the expiry of that period ‘ Equal … Continue reading Nadine Paquay v Societe d’architectes Hoet + Minne SPRL (Social Policy): ECJ 11 Oct 2007
Europa Social policy – Male and female workers – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Directive 75/117/EEC – Equal pay – Directive 76/207/EEC – Equal treatment – Temporary part-time posts – Exclusion from appointment as an … Continue reading Nikoloudi v Organismos Tilepikinonion Ellados AE, (Social Policy): ECJ 10 Mar 2005
Retained or part-time firefighters sought parity of working conditions with full time firefighters. Held: The retained firefighters’ appeal succeeded (Lords Carswell and Mance dissenting). The test was whether the part-time and full time workers had substantially similar contract and did substantially similar work. What was meant by similarity in this case had to be tested … Continue reading Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006
ECJ Directive 76/207/EEC – Equal treatment for men and women – Maternity leave – Access to the career of official – Temporary servant on maternity leave who gains a permanent post after taking part in a competition – Calculation of seniority. Citations: C-294/04, [2006] EUECJ C-294/04 Links: Bailii Jurisdiction: European Discrimination Updated: 05 July 2022; … Continue reading Carmen Sarkatzis Herrero v Instituto Madrileno de la Salud (Imsalud): ECJ 16 Feb 2006
ECJ (Social Policy) Failure of a Member State to fulfil its obligations – Articles 249 EC and 307 EC – Articles 2 and 3 of Directive 76/207/EEC – Equal treatment for men and women – Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work … Continue reading Commission v Austria: ECJ 1 Feb 2005
ECJ Opinion – Directive 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and organisation of working-time.A part-time worker was engaged under a framework contract of employment which lasted in the event from October 1998 to … Continue reading Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004
ECJ Reference for a preliminary ruling: Verwaltungsgericht Sigmaringen – Germany. Social policy – Equal treatment for men and women – Scheme of part-time work for older employees – Directive 76/207/EEC – Indirect discrimination – Objective justification. Citations: C-77/02, [2003] EUECJ C-77/02 Links: Bailii Statutes: Directive 76/207/EEC Jurisdiction: European Discrimination Updated: 08 June 2022; Ref: scu.186329
ECJ Inapplicability of Community law to compulsory military service – Equal treatment of men and women – Article 2 of Directive 76/207/EEC – Compulsory military service in Germany limited to men only – Directive not applicable Citations: C-186/01, [2003] EUECJ C-186/01, [2003] ECR I-2479 Links: Bailii Jurisdiction: European Armed Forces Updated: 04 June 2022; Ref: … Continue reading Dory v Federal Republic of Germany: ECJ 24 Oct 2001
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
An automatic preference of women ceteris paribus was discriminatory and unlawful. Any derogation from article 2.4 must be interpreted strictly. Citations: Times 26-Oct-1995, C-450/93, [1995] EUECJ C-450/93, [1995] ECR I-3051 Links: Bailii Statutes: Equal Treatment Directive (Council Directive 76/207/EEC Jurisdiction: European Cited by: Cited – Percy v Church of Scotland Board of National Mission HL … Continue reading Kalanke v Freie Hansestadt Bremen: ECJ 17 Oct 1995
An employer is in direct contravention of the principle of equal treatment embodied in Articles 2(1) and 3(1) of Council Directive 76/207/EEC of 9 February 1976 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 if he refuses to … Continue reading Dekker v Stichting Vormingscentrum Voor Jong Volwassenen: ECJ 8 Nov 1990
It was possible for the Royal Marine unit to exclude the employment of a woman as a chef. The requirement not to discriminate was overriding save where the nature of the work makes the sex of the worker a determining factor. The nature and rules of a marine unit, required interoperability, in that any member … Continue reading Sirdar v Army Board and Another: ECFI 27 Oct 1999
EC directive on equal rights requires single parents to set off child care costs. A social security benefit designed to keep low income workers in employment or to encourage them into employment was within the scope of Directive 76/207/EC, not only as being directly related to access to employment, but also on the basis that … Continue reading Meyers v Adjudication Officer: ECJ 19 Jul 1995
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to … Continue reading Brown v Rentokil Ltd: ECJ 30 Jun 1998
Rules which precluded an employee who was absent for maternity reasons from taking part in performance assessments affecting future promotion rights were breach of Council Directive. Citations: Times 13-May-1998 Statutes: Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment Art 2(3) Art 5(1) … Continue reading Ciasse Nationale D’Assurance Vieillesse Des Travailleurs Salries v Thibault: ECJ 13 May 1998
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
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000
A dismissal linked to a sex change was a breach of the sex discrimination Directive. Citations: Times 07-May-1996, C-13/94 Statutes: Council Directive 76/207/EEC Feb 9 1976 Discrimination, European Updated: 10 April 2022; Ref: scu.87664
(Judgment) Social policy – Equal treatment for men and women – Scheme of part-time work for older employees – Directive 76/207/EEC – Indirect discrimination – Objective justification Citations: [2003] EUECJ C-187/00 Links: Bailii Jurisdiction: European Discrimination Updated: 31 January 2022; Ref: scu.180067
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
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
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
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
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
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
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
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
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
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
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
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
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_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
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
Steps taken which amounted to positive discrimination by a national body need not always amount to unlawful discrimination. The steps should be taken to correct a present imbalance, and should not give automatic and unconditional priority where the . .
ECJ Social policy – Protection of pregnant workers and workers who have recently given birth or are breastfeeding Directive 92/85/EEC Articles 10 and 12 Prohibition of dismissal from the beginning of pregnancy . .
The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002
EAT Disability Discrimination – DisabilityNicholas Kirker was employed by British Sugar plc as a shift chemist until dismissed. He has very poor eyesight and is registered as fully blind. He claimed he had been discriminated against as a disabled person and unfairly dismissed. Both claims succeeded in the employment tribunal and were upheld by the … Continue reading Jones, Kirker, Angel and Bond v 3M Healthcare Ltd, Ambitions Personnel (Nottinghamshire) Ltd, British Sugar Plc, New Possibilities NHS Trust and Hackney: EAT 11 Dec 2001
The refusal of an employer to provide a reference to an employee who had left and claimed sex discrimination against the company could of itself and also found a claim for sex discrimination as victimisation. European regulations required the court to interpret our own regulations widely enough to comply with the European Regulations. The claim … Continue reading Coote v Granada Hospitality Ltd: EAT 19 May 1999
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed because they were not personally known to the Lord Chancellor. In practice a post … Continue reading Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department: CA 22 Nov 2001
A refusal to appoint a pregnant woman to a post for an indefinite period because of that pregnancy was in breach of the Directive even though national statutory rules precluded employment of the woman during the period of the pregnancy. Citations: Times 17-Feb-2000, C-207/98, [2000] EUECJ C-207/98 Links: Bailii Statutes: Equal Treatment Directive (76/207/EEC) Discrimination, … Continue reading Mahlburg v Land Mecklenberurg-Vorpommern Cas: ECJ 3 Feb 2000
The fact that an employment contract was tainted with illegality of which the employee was aware, did not deprive the employee of the possibility of claiming rights which were due to her under a statute which created rights associated with but not dependent upon the contract. There could be no derogation from the European Directive … Continue reading Hall v Woolston Hall Leisure Limited: CA 23 May 2000
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
