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.

ECJ 4 December 2018, C-378/17 (Minister for Justice and Equality and Commissioner of the Garda Síochána), Discrimination, General

Minister for Justice and Equality, Commissioner of An Garda Síochána – v – Workplace Relations Commission, Irish case

ECJ 4 December 2018, C-378/17 (Minister for Justice and Equality and Commissioner of the Garda Síochána), Discrimination, General

Minister for Justice and Equality, Commissioner of An Garda Síochána – v – Workplace Relations Commission, Irish case

2018/25 Two new cases consider whether fathers’ parental leave should be paid the same as mothers’ maternity leave (UK)

Two differently constituted Employment Appeal Tribunals (‘EATs’) have recently considered whether it is sex discrimination to pay men on parental leave less than women on maternity leave. In Capita, the EAT decided that it was not direct sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay. However in Hextall, the EAT has indicated that enhancing maternity pay but not pay for shared parental leave may give rise to an indirect sex discrimination claim by fathers.

2018/25 Two new cases consider whether fathers’ parental leave should be paid the same as mothers’ maternity leave (UK)

Two differently constituted Employment Appeal Tribunals (‘EATs’) have recently considered whether it is sex discrimination to pay men on parental leave less than women on maternity leave. In Capita, the EAT decided that it was not direct sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay. However in Hextall, the EAT has indicated that enhancing maternity pay but not pay for shared parental leave may give rise to an indirect sex discrimination claim by fathers.

2018/24 Discrimination arising from a disability – no need for knowledge (UK)

The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection.

2018/24 Discrimination arising from a disability – no need for knowledge (UK)

The Court of Appeal has confirmed that discrimination arising from disability had occurred when an employer dismissed an employee for misconduct which was connected to the employee’s disability, even though the employer had no knowledge of the connection.

2018/28 The right to equal pay for temporary agency workers includes travel time allowances (NO)

Directive 2008/104/EC (Temporary Agency Work Directive) is implemented by means of the Norwegian Working Environment Act and provides for equal pay between regular workers and temporary agency workers. The Supreme Court has held that, in domestic law, the concept of ‘pay’ includes allowances for travel time and therefore a temporary agency worker was entitled to the same allowance as his permanent colleagues.

2018/28 The right to equal pay for temporary agency workers includes travel time allowances (NO)

Directive 2008/104/EC (Temporary Agency Work Directive) is implemented by means of the Norwegian Working Environment Act and provides for equal pay between regular workers and temporary agency workers. The Supreme Court has held that, in domestic law, the concept of ‘pay’ includes allowances for travel time and therefore a temporary agency worker was entitled to the same allowance as his permanent colleagues.

2018/23 Labour Court treats the consequences of cancer as a disability (BE)

The Labour Court of Brussels treats the long-term effects of cancer as a disability in accordance with the case law of the ECJ. This has triggered an obligation on employers to consider making reasonable adjustments before looking at dismissal.