ECJ 11 September 2019, case C-397/18 (Nobel Plastiques Ibérica), disability discrimination

DW – v – Nobel Plastiques Ibérica SA and Others, Spanish case

ECJ 11 September 2019, case C-397/18 (Nobel Plastiques Ibérica), disability discrimination

DW – v – Nobel Plastiques Ibérica SA and Others, Spanish case

2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)

Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.

2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)

Austrian courts have to deal with an increasing number of cases concerning dismissal on grounds of (alleged) discrimination. The particular challenge is to a draw a conclusive distinction between the concepts of disability and sickness.

2019/13 A long-term functional impairment? (DK)

An employee’s functional impairment, which at the time of dismissal had had a duration of 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78 establishing a general framework for equal treatment in employment and occupation.

2019/13 A long-term functional impairment? (DK)

An employee’s functional impairment, which at the time of dismissal had had a duration of 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78 establishing a general framework for equal treatment in employment and occupation.

2018/36 An expectation that a disabled employee should work long hours was potentially discriminatory (UK)

The Court of Appeal has confirmed that an expectation that a disabled employee would work long hours was a ‘provision, criterion or practice’ in a disability discrimination claim regarding reasonable adjustments. It also held that, on the facts, the employer’s conduct had caused the employee to resign and this entitled him to claim constructive unfair dismissal.

2018/36 An expectation that a disabled employee should work long hours was potentially discriminatory (UK)

The Court of Appeal has confirmed that an expectation that a disabled employee would work long hours was a ‘provision, criterion or practice’ in a disability discrimination claim regarding reasonable adjustments. It also held that, on the facts, the employer’s conduct had caused the employee to resign and this entitled him to claim constructive unfair dismissal.

2018/37 Supreme Court rules on discrimination for being overweight (FI)

The Finnish Supreme Court has held that an employer discriminated against an employee by not renewing his employment at the end of a fixed-term contract because he was overweight.

2018/37 Supreme Court rules on discrimination for being overweight (FI)

The Finnish Supreme Court has held that an employer discriminated against an employee by not renewing his employment at the end of a fixed-term contract because he was overweight.