EU law
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.
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).
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.
In Goodwin v United Kingdom (11 July 2002), the European Court of Human Rights (ECHR) rules that the lack of recognition in the UK of a transsexual's new gender identity for legal purposes is a breach both of article 8 of the European Convention on Human Rights (respect for private life) and article 12 (right to marry).
In Clifford v Devon County Council the EAT has ruled that public sector employees are eligible to bring an unfair dismissal complaint, by using EC law, even though they work less than eight hours per week.
Compensation for unintentional indirect sex discrimination is payable under the Equal Treatment Directive, rules a London South industrial tribunal (Chair: E R Donnelly) in Tickle v Governors of Riverview CF School and Surrey County Council.
The European Court of Justice has been asked by an Ashford industrial tribunal (Chair: G W Davis) in Rudling v PSA Services and another to rule on the proper test to be applied under EC law in order to determine whether a practice has a disparate impact upon women.
In Marleasing SA v La Comercial Internacional de Alimentacion Case C-106/89 ECJ, the European Court of Justice held that a national court hearing a case that falls within the scope of an EC Directive is required to interpret its national law in the light of the wording and scope of that Directive, whether the provisions in question were adopted before or after the Directive.
HR and legal information and guidance relating to EU law.
XpertHR® is part of the LexisNexis® Risk Solutions portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
View our privacy policy, cookie policy, supported browsers and access your cookie settings | your privacy choices
Copyright © 2024 LexisNexis Risk Solutions
© 2024 LexisNexis Risk Solutions.