EC: ECJ case law round-up

This report relates to 4 case(s)

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  Caballero v Fondo de Garantia Salarial (Fogosa) Case C-244/94 ECJ (0 other reports)
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  Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822 ECJ (6 other reports)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

  • Equal pay: case law update

    Date:

    3 February 2006

    We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

  • Equal value update

    Date:

    1 May 2003

    Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

  • Equal pay: Transferred workers cannot compare their pay with retained workers

    Date:

    10 January 2003

    Article 141 of the EC Treaty of Rome is not limited to situations where men and women work for the same employer, but it does not cover the situation where pay differences between equal pay claimants and their comparators cannot be attributed to a single source, so that there is no single body responsible for the inequality and which can restore equal treatment, the European Court of Justice holds in Lawrence and others v Regent Office Care Ltd and others.

  • Case round-up: equal pay claims

    Date:

    29 October 2002

    This week's case round-up looks at equal pay claims.

  • Cross-employer comparison rejected

    Date:

    1 October 2002

    In Lawrence and others v Regent Office Care Ltd and others (17 September 2002), the European Court of Justice has ruled that former employees of a county council, who are now employed by private contractors, are not entitled to bring an equal pay claim relying on Article 141 of the EC Treaty comparing themselves with current employees of the council whose work had been rated as equivalent to their own.

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  Lommers v Minister Van Landbouw, Natuurbeheer en Visserij [2002] IRLR 430 ECJ (3 other reports)

  • Case roundup: unfair dismissal and positive discrimination

    Date:

    18 June 2002

    This week's case roundup from Eversheds, covering unfair dismissal and positive discrimination.

  • Sex discrimination: Providing nursery places to female employees only did not breach Equal Treatment Directive

    Date:

    15 June 2002

    In Lommers v Minister van Landbouw, Natuurbeheer en Visseij, the European Court of Justice rules that a policy under which an employer provided female employees only with access to nursery places for their children at work, while denying male employees with children the same facility save in cases of emergency, did not breach the Equal Treatment Directive.

  • ECJ endorses positive discrimination

    Date:

    1 May 2002

    In Lommers v Minister van Landbouw, Natuurbeheer en Visserij (19 March 2002), the European Court of Justice upholds a policy in a Dutch civil service department which offers subsidised childcare places only to female employees. The ECJ says that the scheme does not contravene EU law so long as it is also available on the same conditions to men who are single parents.

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  Temco Service Industries SA v Imzilyen [2002] IRLR 214 ECJ (1 other report)

  • Transfer of undertakings: Acquired Rights Directive applies where subcontractor loses contract to a different contractor

    Date:

    11 March 2002

    The European Court of Justice holds in Temco Service Industries SA v Imzilyen that the Acquired Rights Directive 77/187/EEC may apply where a subcontractor loses a cleaning contract to a new contractor.