All items: Effect of EC law

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  Asociatia ACCEPT v Consiliul National pentru Combaterea Discriminarii Case C-81/12 ECJ (1 report relating to this case)

  • Case round-up

    Date:

    1 July 2013

    David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.

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  Hewitt v The Accident Group [2002] ET/2406238/01 (1 report relating to this case)

  • Case digest

    Date:

    1 July 2002

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

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  Innospec Ltd v Walker and another [2014] IRLR 334 EAT (1 report relating to this case)

  • No breach of EU law in Equality Act provisions on civil partners' accrued pension benefits

    Date:

    25 February 2014

    The Employment Appeal Tribunal has held that the Equality Act 2010 does not breach EU law by denying a couple in a civil partnership accrual of benefits to which married couples were entitled under a pension scheme.

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  Maruko v Versorgungsanstalt Der Deutschen Bühnen [2008] IRLR 450 ECJ (1 report relating to this case)

  • ECJ ruling on sexual orientation law

    Date:

    1 May 2008

    A recent decision of the European Court of Justice may result in the UK having to amend its sexual orientation laws in relation to pensions. Although the main points at issue in the case are already covered by legislation in the UK, the application of the Barber temporal restriction may have an impact on public sector schemes.

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  NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford [2020] IRLR 532 ECJ (1 report relating to this case)

  • ECJ considers if homophobic comments made in radio interview breached EU law

    Date:

    6 May 2020

    In NH v Associazione Avvocatura per i diritti LGBTI, the European Court of Justice held that a senior lawyer's comments on a radio programme that he would not wish to recruit homosexual people fell within the scope of the Equal Treatment Framework Directive (2000/78/EC) even though his firm was not recruiting, or planning to recruit, at the time.

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  Parris v Trinity College Dublin and others [2017] IRLR 173 ECJ (1 report relating to this case)

  • ECJ case law round-up: recent discrimination decisions

    Date:

    7 December 2016

    We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.

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  R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others [2004] IRLR 430 HC (2 reports relating to this case)

  • A good loss: R (Amicus - MSF section) v Secretary of State for Trade and Industry

    Date:

    1 June 2004

    The overwhelming majority of discrimination law cases are unsuccessful. If the decision is not one of an employment tribunal, it will be a binding precedent.

  • R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others

    Date:

    1 June 2004

    In R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others [2004] IRLR 430 HCQBD, the High Court, Queen's Bench Division, held that the Employment Equality (Sexual Orientation) Regulations 2003 are compatible with the EC Equal Treatment Framework Directive and the European Convention on Human Rights.

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  Walker v Innospec Ltd and others ET/2411316/11 (1 report relating to this case)

  The Employment Appeal Tribunal (EAT) overturned this employment tribunal decision. The EAT held in Innospec Ltd v Walker and another [2014] IRLR 334 EAT that the Equality Act 2010 does not breach EU law by denying a couple in a civil partnership accrual of benefits to which married couples were entitled under a pension scheme.

  • Equality Act 2010 construed to give civil partners equal accrued pension benefits to married couples

    Date:

    29 January 2013

    The employment tribunal held that the Equality Act 2010 failed to provide the required protection under EU law for a couple in a civil partnership who were denied accrual of benefits to which married couples were entitled under a pension scheme.