ECJ 10 May 2011 (Grand Chamber), case C-147/08 (Jürgen Römer – v – Freie und Hansestadt Hamburg), Sexual orientation discrimination

The supplementary pensions at issue constitute “pay” within the meaning of Article 157 TFEU and do not fall outside the material scope of the Directive.

The Directive precludes national law such as the Tax Provision if certain conditions are satisfied (see above).

If the Tax Provision is discriminatory, Mr Römer can claim equal treatment under the Directive, but not for the period before 3 December 2003.

ECJ 10 May 2011 (Grand Chamber), case C-147/08 (Jürgen Römer – v – Freie und Hansestadt Hamburg), Sexual orientation discrimination

The supplementary pensions at issue constitute “pay” within the meaning of Article 157 TFEU and do not fall outside the material scope of the Directive.

The Directive precludes national law such as the Tax Provision if certain conditions are satisfied (see above).

If the Tax Provision is discriminatory, Mr Römer can claim equal treatment under the Directive, but not for the period before 3 December 2003.

2011/54: No duty to offer disabled employee career break (UK)

The duty on an employer to make reasonable adjustments is limited to steps which would alleviate a disabled employee’s disadvantage, by enabling the individual either to remain at work or to return to work if on sick leave. The obligation did not extend to offering a disabled employee a career break or submitting suggestions of potential rehabilitative work arrangements to her doctor.

2011/54: No duty to offer disabled employee career break (UK)

The duty on an employer to make reasonable adjustments is limited to steps which would alleviate a disabled employee’s disadvantage, by enabling the individual either to remain at work or to return to work if on sick leave. The obligation did not extend to offering a disabled employee a career break or submitting suggestions of potential rehabilitative work arrangements to her doctor.

2011/56: Severance payment in a social plan based on age as well as on period of employment (GER)

Severance payments in a social plan can be calculated according to both the age of the employee and to length of service. However, a provision in a social plan that considers the employee’s prospects on the labour market (which are dependent on age) in a way which puts the emphasis on age, must be specifically justified by a legitimate aim in accordance with section 10 of the German General Equal Treatment Act (the ‘AGG’).

2011/56: Severance payment in a social plan based on age as well as on period of employment (GER)

Severance payments in a social plan can be calculated according to both the age of the employee and to length of service. However, a provision in a social plan that considers the employee’s prospects on the labour market (which are dependent on age) in a way which puts the emphasis on age, must be specifically justified by a legitimate aim in accordance with section 10 of the German General Equal Treatment Act (the ‘AGG’).

2013/27 No pay discrimination where comparator’s income derives from different source (PL)

A fully qualified doctor was paid a lower basic salary than a more junior doctor in the same hospital. He brought a discrimination claim based on law prohibiting pay discrimination on any grounds. His claim was rejected at first and second instance and then by the Supreme Court. The Supreme Court held that the two doctors could not be compared because the fully qualified doctor was paid out of the national health insurance scheme, whereas the more junior doctor was paid directly by the state.

2013/27 No pay discrimination where comparator’s income derives from different source (PL)

A fully qualified doctor was paid a lower basic salary than a more junior doctor in the same hospital. He brought a discrimination claim based on law prohibiting pay discrimination on any grounds. His claim was rejected at first and second instance and then by the Supreme Court. The Supreme Court held that the two doctors could not be compared because the fully qualified doctor was paid out of the national health insurance scheme, whereas the more junior doctor was paid directly by the state.

2011/21 Favouring employee on maternity leave in redundancy selection was discriminatory (UK)

An employer unlawfully discriminated against a male employee on the ground of his sex by inflating the score of an employee who was on maternity leave in a redundancy selection process. Employees who are pregnant or on maternity leave may be accorded favourable treatment, but only to such extent as is reasonably necessary to compensate for the disadvantages occasioned by their condition.

2011/21 Favouring employee on maternity leave in redundancy selection was discriminatory (UK)

An employer unlawfully discriminated against a male employee on the ground of his sex by inflating the score of an employee who was on maternity leave in a redundancy selection process. Employees who are pregnant or on maternity leave may be accorded favourable treatment, but only to such extent as is reasonably necessary to compensate for the disadvantages occasioned by their condition.