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Summary

2010-02-25

2010/61: Employer may exclude older employees from voluntary exit arrangement (GE)

The exemption of older employees from a general offer to conclude attractive severance agreements is compatible with the German General Anti-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, “AGG”).

Bundesarbeitsgericht (Federal Labour Court), 2010-02-25

Case report

2010-02-15

Luxembourg

2010/63: Dismissal for poor productivity does not constitute age discrimination unless discriminatory intent is proved (LU)

In Luxembourg, poor productivity can be used to select the employee(s) to be made redundant for business reasons, even though it leads in fact to the dismissal of older or sick employee(s). If the dismissal occurred before Luxembourg transposed Directive 2000/78, it can still be incompatible with the ‘principle of non-discrimination’, but in that case the employee must prove discriminatory intent.

Tribunal du travail (Labour Court of Luxembourg), 2010-02-15

Summary

2010-02-15

2010/63: Dismissal for poor productivity does not constitute age discrimination unless discriminatory intent is proved (LU)

In Luxembourg, poor productivity can be used to select the employee(s) to be made redundant for business reasons, even though it leads in fact to the dismissal of older or sick employee(s). If the dismissal occurred before Luxembourg transposed Directive 2000/78, it can still be incompatible with the ‘principle of non-discrimination’, but in that case the employee must prove discriminatory intent.

Tribunal du travail (Labour Court of Luxembourg), 2010-02-15

Case report

2010-02-12

United Kingdom

2010/43: 'No visible jewellery' policy not (indirectly) discriminatory (UK)

A claim of indirect discrimination on grounds of religion or belief must be based on actual or potential disadvantage to a group rather than a single individual. Accordingly, a Christian employee did not suffer indirect discrimination when her employer, in line with its uniform policy, insisted that a cross on her necklace be concealed.

Court of Appeal, 2010-02-12

Summary

2010-02-12

2010/43: 'No visible jewellery' policy not (indirectly) discriminatory (UK)

A claim of indirect discrimination on grounds of religion or belief must be based on actual or potential disadvantage to a group rather than a single individual. Accordingly, a Christian employee did not suffer indirect discrimination when her employer, in line with its uniform policy, insisted that a cross on her necklace be concealed.

Court of Appeal, 2010-02-12

Case report

2010-01-01

Hungary

2010/50: More valuable meal vouchers for workers in head office not discriminatory (HU)

Varying a fringe benefit according to place of work and use will not be deemed a breach of the equal treatment doctrine.

Kuria (Hungarian Supreme Court)

Summary

2010-01-01

2010/50: More valuable meal vouchers for workers in head office not discriminatory (HU)

Varying a fringe benefit according to place of work and use will not be deemed a breach of the equal treatment doctrine.

Kuria (Hungarian Supreme Court)

Case report

2009-12-16

Denmark

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Summary

2009-12-16

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Case report

2009-11-13

Ireland

2010/47: Employer ordered to give employee who was discriminated against meaningful work and to pay her compensation equalling three years' salary (IR)

An employee alleged that she was given a "dummy" job by her employer, and that less experienced and less qualified younger men were groomed to take the promotions she would have expected to obtain in the normal course of her career. This claim of discrimination on the grounds of gender along with a claim of victimisation for making a complaint, contrary to the Employment Equality Acts 1998 - 2008 (the "EEA"), resulted in one of the highest compensation payments in recent times before the Equality Tribunal in Ireland.

The Equality Tribunal, 2009-11-13