2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK)

The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law.

2016/52 Pregnancy and job offers (NL)

A discriminatory refusal to offer an employee a new employment contract upon expiry of a fixed term contract is not discriminatory dismissal but a discriminatory refusal to give access to employment. The employer is liable for emotional damages.

2016/60 Special protection for disabled employees against termination of employment – international apsects (GE)

An employee may bring a claim for invalid termination before the German Labour courts, irrespective of the law governing the employment relationship. In Germany, it is only possible for an employer to dismiss a severely disabled person if the competent state authority grants a permit enabling it to do so. However, this requirement is limited to those with employment agreements under German Law.

2016/54 Dismissing a Christian teacher for refusing to separate from her husband following conviction for sex offences was indirect religious discrimination (UK)

The Employment Appeal Tribunal has upheld an appeal against the finding that a committed Christian teacher who refused to separate from her husband following his conviction for sexual offences would have been dismissed regardless of her faith and therefore such a dismissal was not indirectly discriminatory. The EAT found instead that the Claimant was presented with the choice of having to separate from her husband or be dismissed which subjected people who have a faith-based commitment to marriage to a particular disadvantage.

2016/51 Separate discrimination claims relating to an unlawful dismissal now possible (PL)

It is possible to make a claim for unlawful discrimination in respect of termination of an employment contract even if no claims has been made for unlawful termination.

Case C-432/16. Maternity

On a proper construction of Article 10(1) of Directive 92/85, must the concept of ‘exceptional...

Case C-409/16. Sex discrimination

Is Article 1(1) of Presidential Decree 90/2003, which amended Article 2(1) of Presidential Decree...

Case C-414/16. Religious discrimination

Is Article 4(2) of Directive 2000/78/EC to be interpreted as meaning that an employer, such as...

2016/51 Separate discrimination claims relating to an unlawful dismissal now possible (PL)

It is possible to make a claim for unlawful discrimination in respect of termination of an employment contract even if no claims has been made for unlawful termination.

Case C-432/16. Maternity

On a proper construction of Article 10(1) of Directive 92/85, must the concept of ‘exceptional...