Employment law cases

All items: EU law

  • Gig economy: EU health and safety rights extend to workers, High Court rules

    2 December 2020

    In R (on the application of the Independent Workers' Union of Great Britain) v Secretary of State for Work and Pensions and another, the High Court held that the Government has failed to implement properly EU health and safety Directives by excluding workers from the UK implementing legislation.

  • ECJ considers if homophobic comments made in radio interview breached EU law

    6 May 2020

    In NH v Associazione Avvocatura per i diritti LGBTI, the European Court of Justice held that a senior lawyer's comments on a radio programme that he would not wish to recruit homosexual people fell within the scope of the Equal Treatment Framework Directive (2000/78/EC) even though his firm was not recruiting, or planning to recruit, at the time.

  • Discrimination: Job applicant not genuinely seeking employment not protected

    30 November 2016

    In Kratzer v R+V Allgemeine Versicherung AG [2016] IRLR 888 ECJ, the ECJ held that a job applicant who is not genuinely seeking employment but whose sole purpose is to seek compensation for alleged discrimination with regard to his or her application is not protected by EU discrimination law.

  • Discrimination law does not protect job applicants seeking compensation only

    25 August 2016

    In this German case, the European Court of Justice (ECJ) has ruled that a person who applies for a job with the sole purpose of making an application for compensation for discrimination is not covered by the Equal Treatment Framework Directive (2000/78/EC) or the Equal Opportunities and Equal Treatment Directive (2006/54/EC) and may be considered as having committed an abuse of rights under EU law.

  • Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy

    28 May 2008

    In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.

  • ECJ ruling on sexual orientation law

    1 May 2008

    A recent decision of the European Court of Justice may result in the UK having to amend its sexual orientation laws in relation to pensions. Although the main points at issue in the case are already covered by legislation in the UK, the application of the Barber temporal restriction may have an impact on public sector schemes.

  • Félix Palacios de la Villa v Cortefiel Servicios SA

    17 October 2007

    In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.

  • Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

    20 June 2007

    In Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Case C-127/05 ECJ, the European Court of Justice (ECJ) has rejected a challenge to the use of the phrase 'so far as is reasonably practicable' in UK health and safety legislation.

  • EC Directive not properly implemented

    1 April 2007

    The High Court has found that the Sex Discrimination Act 1975, as amended, does not give full effect to the revised EC Equal Treatment Directive, in Equal Opportunities Commission v Secretary of State for Trade and Industry (12 March 2007).

  • Disability discrimination: European community law and the definition of 'disability'

    22 September 2006

    In Navas v Eurest Colectividades SA Case C-13/05, first case to come before it on the issue, the ECJ finds that "disability" within the Framework Directive is not to be equated with "sickness" and that discrimination solely on the grounds of sickness does not fall within the scope of the Directive.

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Employment law cases: HR and legal information and guidance relating to EU law.