Search Results for: Directive no 76/207 5(1)

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O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

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

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

M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

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

Nadine Paquay v Societe d’architectes Hoet + Minne SPRL (Social Policy): ECJ 11 Oct 2007

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

Handels-og Kontorfunktionaerernes Forbund i Danmark, acting on behalf of Larsson v Dansk Handel and Service, acting on behalf of Ftex Supermarked A/S: ECJ 29 May 1997

(Judgment) Social policy – Men and women – Access to employment and working conditions – Equal treatment – Dismissal of a woman on grounds of absence due to an illness attributable to pregnancy or confinement – Permissible – Account taken, when calculating the period providing grounds for dismissal, of absence outside periods of maternity leave … Continue reading Handels-og Kontorfunktionaerernes Forbund i Danmark, acting on behalf of Larsson v Dansk Handel and Service, acting on behalf of Ftex Supermarked A/S: ECJ 29 May 1997

Foster and others v British Gas plc: ECJ 12 Jul 1990

The defendants (BGC) were nationalised suppliers of gas. BGC was by statute a body with a legal persona operating under the supervision of the authorities. Its members were appointed by the Secretary of State, who also determined their remuneration. The statutory objective set was the development and maintenance of an efficient, co-ordinated and economical supply … Continue reading Foster and others v British Gas plc: ECJ 12 Jul 1990

Ciasse Nationale D’Assurance Vieillesse Des Travailleurs Salries v Thibault: ECJ 13 May 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

Roberts v Tate and Lyle (Judgment): ECJ 26 Feb 1986

Europa The term ‘ dismissal ‘ contained in article 5(1) of directive no 76/207 must be given a wide meaning ; an age limit for the compulsory redundancy of workers as part of a mass redundancy falls within the term ‘ dismissal ‘ construed in that manner, even if the redundancy involves the grant of … Continue reading Roberts v Tate and Lyle (Judgment): ECJ 26 Feb 1986

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