In Secretary of State for Scotland and Greater Glasgow Health Board v Wright and Hannah (11 March 1991) EOR38C, the EAT rules that an industrial tribunal has jurisdiction to hear a claim brought directly under EEC law in circumstances where the applicant has no remedy under domestic legislation.
In McKechnie v UBM Building Supplies (Southern) Ltd (24 April 1991) EOR38D, the EAT holds that a woman made redundant at age 61 had a right under Article 119 of the EEC Treaty to a payment equal to that she would have received had she been a man of the same age and service.
In Berrisford v Woodard Schools (Midland Division) Ltd (6 March 1991) EOR 38E, the EAT holds that a woman was not dismissed by reason of pregnancy where it was not the fact of pregnancy as such that her employers objected to, but the adverse example it conveyed together with her unmarried status.
In Handels-og Kontorgunktionaerernes Forbund i Danmark (acting for Hertz) v Dansk Arbejdsgiverforening (acting for Aldi Marked k/s) (8 November 1990) EOR35B, the European Court rules that a woman is protected from dismissal because of her absence during pregnancy and any maternity leave to which she has a right under national law.
In Roberts v Birds Eye Walls Ltd (16 October 1990) EOR35C, the EAT holds that Article 119 of the EEC Treaty prohibits an employer from reducing a woman's occupational pension from age 60 on grounds that she will be in receipt of State pension but not reducing a man's pension until age 65.
In Jones v Chief Adjudication Officer (31 July 1990) EOR35D, the Court of Appeal sets out the steps necessary to establish that a requirement or condition has a disproportionate impact on members of one sex and examines the approach to be taken where there is more than one qualification required.
In Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) (31 July 1990) EOR34A, the majority of the Court of Appeal holds that Article 6 of the EEC Equal Treatment Directive, which requires Member States to provide adequate remedies for discrimination, does not have direct effect so that it cannot be relied upon to award compensation in excess of the limit laid down by the Sex Discrimination Act 1975.
In Kowalska v Freie und Hansestadt Hamburg (27 June 1990) EOR34B, the European Court of Justice holds that the exclusion of part-time workers from the right to severance payments under the collective agreement for the West German public services contravenes Article 119 of the EEC Treaty unless the employer shows that the provision is justified by objective factors.
In Thomas v Adjudication Officer and Secretary of State for Social Security (31 July 1990) EOR34C, the Court of Appeal holds that the provisions for severe disablement allowance and invalid care allowance under the Social Security Act contravene the EEC Social Security Directive because they are based on differences in the state pension age.
In Foster and others v British Gas plc (12 July 1990) EOR33A, the European Court of Justice holds that EEC law can be directly relied upon by any public sector employee. The effect of the decision is to bring millions of employees in local government, education, nationalised industries and public corporations within the concept of "state" employment for the purpose of Community law.
HR and legal information and guidance relating to EU employment measures.