EU employment measures

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  • EEC law confers a free-standing right

    Date:
    1 July 1991
    Type:
    Law reports

    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.

  • Direct effect of Article 119

    Date:
    1 July 1991
    Type:
    Law reports

    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.

  • Dismissal of unmarried pregnant school matron not discriminatory

    Date:
    1 July 1991
    Type:
    Law reports

    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.

  • Pregnancy dismissals contravene EEC law

    Date:
    1 January 1991
    Type:
    Law reports

    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.

  • Different bridging pensions unlawful

    Date:
    1 January 1991
    Type:
    Law reports

    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.

  • Guidance on proving disparate impact

    Date:
    1 January 1991
    Type:
    Law reports

    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.

  • EEC law does not override SDA compensation limit

    Date:
    1 November 1990
    Type:
    Law reports

    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.

  • Bundesangestelltentarifvertrag discriminatory

    Date:
    1 November 1990
    Type:
    Law reports

    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.

  • Invalidity benefit restrictions contravene EEC Directive

    Date:
    1 November 1990
    Type:
    Law reports

    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.

  • Welcome to state employment

    Date:
    1 September 1990
    Type:
    Law reports

    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.

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HR and legal information and guidance relating to EU employment measures.