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 . .
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 – Articles 5(2) and 11(1) – Worker temporarily transferred to another job during her pregnancy – Compulsory transfer because of a risk to her safety or health … Continue reading Parviainen v Finnair Oyj: ECJ 1 Jul 2010
ECJ Opinion – Social Policy – Directive 92/85 – Scope – Member of executive committee of a company – Worker – Existence of a relationship – Legislation authorizing the dismissal of a member of the Executive Committee of unrestricted capital company considering her pregnancy – Equal treatment for men and women. Judges: Bot AG Citations: … Continue reading Danosa v LKB Lizing SIA: ECJ 2 Sep 2010
ECJ (Opinion) Social policy Protection of the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding’ Directive 92/85 / EEC Articles 5 and 11 (1) Maintenance of remuneration and / or benefit ‘Worker transferred to another position during pregnancy’ Assignment due to risk to her health and that … Continue reading Parviainen (Social Policy): ECJ 17 Dec 2009
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
The court was asked as to whether the provisions for the reversal of the burden of proof in discrimination cases was limited to findings of discrimination or extended also to issues of victimisation, and as to whether section 5A had properly incorporated the European Directive. Held: The test in section 54A and in Igen v … Continue reading Oyarce v Cheshire County Council: CA 2 May 2008
(Protection of The Safety and Health of Workers – Worker Who Is Breastfeeding – Night Work – Judgment) Reference for a preliminary ruling – Directive 92/85/EEC – Articles 4, 5 and 7 – Protection of the safety and health of workers – Worker who is breastfeeding – Night work – Shift work performed in part … Continue reading Gonzalez Castro v Mutua Umivale: ECJ 19 Sep 2018
Social Policy – Protection of Safety and Health of Workers – Opinion – Social policy – Protection of safety and health of workers – Directive 92/85/EEC – Article 7 – whether ‘night work’ covers shift work where the worker concerned performs her duties during the night – Worker who is breastfeeding – Assessment of working … Continue reading Castro v Mutua Umivale and Others: ECJ 26 Apr 2018
A voluntary bonus paid by an employer to its staff at Christmas was ‘pay’ within Art 14 of the EC Treaty, where it was paid to encourage or reward for loyalty and work. Such a payment was not a ‘payment’ within the rules governing measures to encourage health and safety of pregnant and breast feeding … Continue reading Lewen v Denda (Case C-333/97): ECJ 16 Nov 1999
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 – Articles 5(2) and 11(1) – Worker temporarily transferred to another job during her pregnancy – Compulsory transfer because of a risk to her safety or health and … Continue reading Parviainen (Social Policy): ECJ 1 Jul 2010
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Article 119 of the EC Treaty (subsequently Article 141 EC) – Directive 75/117/EEC – Equal pay for men and women – Article 1 – Directive 92/85/EEC – Measures to improve the safety and health at work of pregnant workers and workers who have recently … Continue reading Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero: ECJ 14 Jul 2016
ECJ Judgment – Reference for a preliminary ruling – 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 – Article 11(2) and (4) – Established public servant assigned non-active status for personal reasons in … Continue reading Rosselle v Institut national d’assurance maladie-invalidite and Others: ECJ 21 May 2015
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 – Directive 92/85/EEC – Protection of the safety and health of workers – Pregnant workers and workers who have recently given birth or are breastfeeding – Maternity leave – Maintenance of payment and/or entitlement to an adequate allowance – Directive 96/34/EC – Framework Agreement on parental leave – Individual right to parental … Continue reading Terveys- Ja Sosiaalialan Neuvottelujarjesta TSN v Terveyspalvelualan Liitto Ry: ECJ 13 Feb 2014
ECJ Social policy – Directive 92/85/EEC – Scope – Surrogacy – Maternity leave – Directive 2006/54/EC – Equal treatment for men and women – Prohibition of less favourable treatment for reasons of pregnancy Kokott AG C-167/12, [2013] EUECJ C-167/12, [2014] EUECJ C-167/12 Bailii, Bailii Directive 92/85/EEC European Updated: 20 November 2021; Ref: scu.515573
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 (Opinion) Working conditions – Organisation of working time – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Extent of the obligations provided for by that directive in respect of the nature and level of paid annual leave – Discretion available to the Member States in laying down precise rules governing … Continue reading Williams And Others v British Airways Plc: ECJ 16 Jun 2011
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
The claimant said that she had been discriminated against on the grounds of her religion. She worked as a beauty consultant at the airport, but through a limited company. Her airside pass had been withdrawn. She now appealed against rejection of her claim that she was a worker by both the Employment Tribunal and by … Continue reading Halawi v WDFG UK Ltd (T/A World Duty Free): CA 28 Oct 2014
The taxpayer challenged the ‘pay first’ rule under VAT which required them, before challenging a VAT assessment, first to deposit the VAT said to be due under the assessment.
Held: The appeal failed. There had not been shown any true . .
