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Case roundup: Disability discrimination and pregnancy related dismissal

This report relates to 2 case(s)

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    Cruickshank v VAW Motorcast Ltd [2002] IRLR 24 EAT (2 other reports)

    • Fluctuating effects of impairment

      Date:
      1 February 2002

      In Cruickshank v VAW Motorcast Ltd (25 October 2001), the EAT rules that where the effects of an impairment on ability to carry out normal day-to-day activities are exacerbated by conditions at work, a tribunal should consider whether the impairment has a substantial and long-term adverse effect on the employee's ability to perform normal day-to-day activities both while actually at work and while not at work.

    • Pregnant fixed-term workers gain protection of the law

      Date:
      1 December 2001

      In a landmark ruling, a worker was unlawfully dismissed even though she hid her pregnancy at interview and was unable to fulfil most of her contract. Plus cases on when sickness-related dismissal will be safe from disability discrimination claims, and how not to conduct an unfair dismissal settlement.

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    Tele Danmark A/S v Handels- og Kontorfunktionaerernes Forbund i Danmark (HK), acting on behalf of Brandt-Nielsen [2001] IRLR 853 ECJ (7 other reports)

    • Sex discrimination: Dismissal of pregnant women on fixed-term contracts constituted sex discrimination

      Date:
      14 January 2002

      In Jiménez Melgar v Ayuntamiento de Los Barrios and Tele Danmark A/S v Handels-og Kontorfunktionærernes Forbund i Danmark (HK) (acting for Brandt-Nielsen), the European Court of Justice holds that the prohibitions against the dismissal of pregnant workers, women who have recently given birth and breastfeeding mothers on the ground of their condition, as laid down in the Pregnant Workers' and Equal Treatment Directives, also applied in the case of such women who were employed under fixed-term contracts.

    • Pregnant woman protected in short-term job

      Date:
      1 January 2002

      In Tele Danmark v HK (acting on behalf of Brandt-Nielsen) (4 October 2001), the European Court of Justice rules that a woman is protected under EU law from being dismissed on pregnancy grounds even where because of her pregnancy she is unable to work during a substantial part of the term of a short-term contract.

    • Sex discrimination: Temporary workers win protection

      Date:
      17 December 2001

      Temporary workers who are pregnant when they apply for a job or who become pregnant while doing it have won the right to the same protection as permanent employees under the Pregnant Workers' and Equal Treatment Directives.

    • EC: ECJ case law round-up

      Date:
      1 December 2001

      In our latest round-up of decisions of the European Court of Justice, we focus on working time, pregnancy-related dismissals in the context of temporary working, further developments in case law on the meaning of a transfer for the purposes of the business transfers Directive and, finally, health and safety in relation to display screen equipment.

    • Pregnant fixed-term workers gain protection of the law

      Date:
      1 December 2001

      In a landmark ruling, a worker was unlawfully dismissed even though she hid her pregnancy at interview and was unable to fulfil most of her contract. Plus cases on when sickness-related dismissal will be safe from disability discrimination claims, and how not to conduct an unfair dismissal settlement.

    • Pregnancy offers no bar to fixed term contracts

      Date:
      27 November 2001

      A known state of pregnancy does not protect employers from discrimination liability - even if witheld at interview

    • Dismissal of pregnant worker seen as sex bias

      Date:
      6 November 2001

      A recent European ruling found in favour of a fixed-term worker dismissed on the grounds of her pregnancy

This week's case roundup, covering disability discrimination and a pregnancy related dismissal.