In Health and Safety Executive v Cadman (22 October 2003), the EAT holds that length of service as a criterion in a pay system did not require specific justification so as to establish a genuine material factor defence to an equal pay claim, as length of service was generally objectively justified.
In Landeshauptstadt Kiel v Jaeger, the European Court of Justice holds that on-call duty, performed by doctors who were required to be physically present in the hospital and who were permitted to rest or sleep in rooms provided for them there during periods when their services were not required, constituted, in its entirety, working time under the EC Working Time Directive.
In Securiplan v Bademosi, the EAT holds that an express finding by an employment tribunal that a complainant had been assigned on a temporary basis only to an undertaking that was TUPE-transferred, took his circumstances outside the Botzen and Gale principles, and the tribunal had been correct to go on to hold that his rights against the transferor did not transfer to the transferee.
In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.
In our latest round-up of cases from the European Court of Justice (ECJ), we look at cases on the application of the principle of equal treatment in a variety of contexts - pregnancy-related sex discrimination, the exclusion of women from compulsory national service in Germany, the requirements laid down by the EC on the training of general medical practitioners and the alleged discriminatory effects of a scheme for part-time working aimed at older public sector workers.
On 6 November 2003 the European Court of Justice (ECJ) ruled that early retirement benefits should be paid for by a new employer after a transfer of undertakings.
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In Steinicke v Bundesanstalt fur Arbeit  IRLR 892 ECJ, the European Court of Justice held that a German public sector scheme for part-time working for older employees that was dependent on previous full-time service could infringe EC law if indirectly discriminatory against women, unless justification was shown.
In Secretary of State for Trade and Industry v Rutherford and others (No.2) (2 October 2003), the EAT held that the statutory upper age limit of 65 on the right to claim unfair dismissal and the right to a redundancy payment is not indirectly discriminatory against men.
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