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  • Date:
    1 March 2005
    Type:
    Law reports

    Extended maternity leave protected by Pregnant Workers Directive

    It is the purpose of maternity leave, not its duration, that will dictate whether or not it is maternity leave for the purposes of the protections provided by the Pregnant Workers Directive, holds the ECJ in Land Brandenburg v Sass (18 November 2004).

  • Date:
    1 August 2002
    Type:
    Law reports

    UK in breach of rights of transsexuals

    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).

  • Date:
    1 June 2000
    Type:
    Law reports

    Transsexual GOQ inconsistent with EC law

    The intimate searches exclusion relating to gender reassignment under s. 7B(2)(a) of the Sex Discrimination Act as amended by the Sex Discrimination (Gender Reassignment) Regulations is not consistent with EC law because it precludes the principle of proportionality, rules a Leeds employment tribunal (Chair: D R Sneath) in A v Chief Constable of the West Yorkshire Police.

  • Date:
    1 January 2000
    Type:
    Law reports

    ECJ on exclusion of women from Marines

    In Sirdar v The Army Board and Secretary of State for Defence (26 October 1999) EOR 89A, the European Court of Justice has ruled that the Government may be entitled under Article 2(2) of the Equal Treatment Directive to exclude women from service in special combat units such as the Royal Marines.

  • Date:
    15 June 1999
    Type:
    Law reports

    Tribunal jurisdiction: EC employment disputes justiciable only in ECJ

    In Maidment v The European Commission, the EAT holds that the European Court of Justice has exclusive jurisdiction in employment disputes relating to candidates for employment with, and employees of, institutions of the European Community, including the Commission.

  • Date:
    1 June 1998
    Type:
    Law reports

    Article 48 overrides RRA exclusion

    The overseas employment exclusion in the Race Relations Act is not compatible with the directly-effective provisions relating to free movement of workers in article 48 of the EC Treaty, the EAT has ruled in Bossa v Nordstress Ltd and another.

  • Date:
    1 June 1997
    Type:
    Law reports

    ECJ to rule on qualifying period

    Five questions relating to whether the increase in the qualifying period in 1985 for bringing a complaint of unfair dismissal from one to two years indirectly discriminated against women contrary to European Community law have been referred to the European Court of Justice by the House of Lords in R v Secretary of State for Employment ex parte Seymour-Smith.

  • Date:
    15 March 1997
    Type:
    Law reports

    EC law: Voluntary-aided school is emanation of the state

    A voluntary-aided church junior school is an "emanation of the state" for the purposes of EC law, holds the Court of Appeal in National Union of Teachers and others v Governing Body of St Mary's Church of England (Aided) Junior School and others.

  • Date:
    15 January 1997
    Type:
    Law reports

    EC law: Tribunals cannot hear Francovich claims

    An industrial tribunal has no jurisdiction to hear a "Francovich" claim for damages against the state for its failure properly to implement EC law, confirms the Court of Appeal in Potter and others v Secretary of State for Employment.

  • Date:
    1 December 1996
    Type:
    Law reports

    Equal pay claim with successor

    Article 119 of the EC Treaty allows a woman to make a comparison with the pay of an immediate male successor, the EAT has held in Diocese of Hallam Trustee v Connaughton.

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