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Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007

The Commission sought a declaration that, by restricting the duty of employers to care for the health and safety of their employees ‘so far as reasonably practicable’, the United Kingdom had failed to fulfil its obligations under article 5(1) and (4) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to … Continue reading Commission v United Kingdom (Social Policy): ECJ 18 Jan 2007

Robb v Salamis (M and I) Ltd: HL 13 Dec 2006

The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006

Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable. Held: The nurse’s appeal failed. The mere fact of an entirely unexpected and unpredictable flood does not mean that … Continue reading Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

Commission v Portugal: ECJ 12 Jun 2003

ECJ Failure of a Member State to fulfil obligations – Incomplete transposition of Directive 89/391/EEC – Safety and health of workers. Citations: C-425/01, [2003] EUECJ C-425/01 Links: Bailii Statutes: Directive 89/391/EEC European, Health and Safety Updated: 07 June 2022; Ref: scu.183784

Commission v Netherlands: ECJ 22 May 2003

ECJ Failure of a Member State to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Article 7(3). Citations: C-441/01, [2003] EUECJ C-441/01 Links: Bailii Statutes: Directive 89/391/EEC 7(3) European, Health and Safety Updated: 07 June 2022; Ref: scu.182719

Commission of the European Communities v Federal Republic of Germany C-5/00: ECJ 7 Feb 2002

Europa Failure by a Member State to fulfil its obligations – -Measures to encourage improvements in the safety and health of workers at work – Articles 9(1)(a) and 10(3)(a) – Employer’s duty to keep documents containing an assessment of the risks to safety and health at work. Citations: [2002] EUECJ C-5/00 Links: Bailii Statutes: Council … Continue reading Commission of the European Communities v Federal Republic of Germany C-5/00: ECJ 7 Feb 2002

Ministrstvo Za Obrambo: ECJ 15 Jul 2021

Judgment – Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept … Continue reading Ministrstvo Za Obrambo: ECJ 15 Jul 2021

Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health centre, but if merely contactable then the rules applied to the time actually spent. … Continue reading Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Commission v Austria (Social Policy): ECJ 6 Apr 2006

ECJ Failure to fulfil obligations – Directive 89/391/EEC – Measures to encourage improvements in the safety and health of workers at work – Failure to notify implementing measures – Incorrect or inadequate implementation – Articles 2(1), 7(3), 8(2), 11(2)(c) and (d), 13(2)(b) and 18. C-428/04, [2006] EUECJ C-428/04 Bailii Directive 89/391/EEC European European Updated: 15 … Continue reading Commission v Austria (Social Policy): ECJ 6 Apr 2006

Spencer v Secretary of State for Work and Pensions, Moore v Similar: CA 1 Jul 2008

Each claimant sought Frankovich damages alleging a failure to implement European law leading to a loss.
Held: Such a claim was available against the government after it had failed to implement the Directive so as to provide them with the . .

Fadipe v Reed Nursing Personell: CA 4 Dec 2001

Failure to give proper reference. ECJ judgment giving right to make complaint only if cause was result of complaint over health and safety matters. Held: The appeal failed. The section did not protect former workers: ‘section 44 does not, on its proper construction, apply in the circumstances relied upon by Mr Fadipe. The section is … Continue reading Fadipe v Reed Nursing Personell: CA 4 Dec 2001