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Case report

2013-12-19

Germany

2014/4 Dismissal of HIV-positive employee, part 2 (GE)

The Bundesarbeitsgericht (‘BAG’) has overturned the Court of Appeal’s decision reported in EELC 2012/18. An HIV-infection without symptoms constitutes a disability as defined in the German Equal Treatment Act. Therefore, the dismissal of an HIV-positive employee can lead to a successful claim for damages based on disability discrimination.

Bundesarbeitsgericht (Federal Labour Court), 2013-12-19

Summary

2013-12-19

2014/4 Dismissal of HIV-positive employee, part 2 (GE)

The Bundesarbeitsgericht (‘BAG’) has overturned the Court of Appeal’s decision reported in EELC 2012/18. An HIV-infection without symptoms constitutes a disability as defined in the German Equal Treatment Act. Therefore, the dismissal of an HIV-positive employee can lead to a successful claim for damages based on disability discrimination.

Bundesarbeitsgericht (Federal Labour Court), 2013-12-19

Case report

2013-10-03

Europe

2014/3 Dismissal for being HIV-positive violates ECHR (GR)

In 2009 the Greek Supreme Court held that being HIV-positive does not make an employee ‘disabled’. In a recent judgment, the European Court of Human Rights held otherwise.

European Court of Human Rights (ECtHR), 2013-10-03

Summary

2013-10-03

2014/3 Dismissal for being HIV-positive violates ECHR (GR)

In 2009 the Greek Supreme Court held that being HIV-positive does not make an employee ‘disabled’. In a recent judgment, the European Court of Human Rights held otherwise.

European Court of Human Rights (ECtHR), 2013-10-03

Case report

2013-07-10

United Kingdom

2014/5 Paying for a disabled employee’s private counselling was a reasonable adjustment (UK)

The UK Employment Appeal Tribunal (‘EAT’) has decided that it would have been a reasonable adjustment for an employer to pay for a disabled employee to have private psychiatric counselling to assist with her work-related stress and depression.

Employment Appeal Tribunal, 2013-07-10

Summary

2013-07-10

2014/5 Paying for a disabled employee’s private counselling was a reasonable adjustment (UK)

The UK Employment Appeal Tribunal (‘EAT’) has decided that it would have been a reasonable adjustment for an employer to pay for a disabled employee to have private psychiatric counselling to assist with her work-related stress and depression.

Employment Appeal Tribunal, 2013-07-10

Case report

2013-07-05

Denmark

2013/38 The assessment at the date of notice is decisive (DK)

It follows from Danish case law that it is the facts and circumstances known to the employer at the date of notice of termination that are decisive when deciding whether a dismissal is justified. The Danish Eastern High Court has established that this principle applies to the assessment of disability as well.

Østre Landsret (Danish Eastern High Court), 2013-07-05

Summary

2013-07-05

2013/38 The assessment at the date of notice is decisive (DK)

It follows from Danish case law that it is the facts and circumstances known to the employer at the date of notice of termination that are decisive when deciding whether a dismissal is justified. The Danish Eastern High Court has established that this principle applies to the assessment of disability as well.

Østre Landsret (Danish Eastern High Court), 2013-07-05

Case report

2013-04-15

United Kingdom

2013/37 Employer need not waive competitive interview requirement for disabled candidate (UK)

Following an internal restructure, a disabled employee argued that it would have been a reasonable adjustment for her to have been appointed to a vacant role without being competitively interviewed for the post. The Employment Appeal Tribunal (‘EAT’) rejected the appeal and upheld the employment tribunal’s decision that an employer’s duty to make reasonable adjustments does not extend to appointing internal candidates if they do not meet the essential criteria of the job they are applying for.

Employment Appeal Tribunal, 2013-04-15

Summary

2013-04-15

2013/37 Employer need not waive competitive interview requirement for disabled candidate (UK)

Following an internal restructure, a disabled employee argued that it would have been a reasonable adjustment for her to have been appointed to a vacant role without being competitively interviewed for the post. The Employment Appeal Tribunal (‘EAT’) rejected the appeal and upheld the employment tribunal’s decision that an employer’s duty to make reasonable adjustments does not extend to appointing internal candidates if they do not meet the essential criteria of the job they are applying for.

Employment Appeal Tribunal, 2013-04-15