ECJ 22 December 2022, case C-392/21 (Inspectoratul General pentru Imigrări (Acquisition de lunettes par un travailleur)) Health and Safety

TJ – v – Inspectoratul General pentru Imigrări, Romanian case

2021/8 High Court rules that ‘workers’ should be protected from health and safety detriment (UK)

The UK failed properly to implement EU health and safety law by restricting protection from detriment on health and safety grounds to ‘employees’, the High Court (HC) ruled in a recent case. Such protection should be extended to the broader category of ‘workers’. Importantly, this ruling potentially increases employers’ exposure to Covid-19-related health and safety claims.

2021/8 High Court rules that ‘workers’ should be protected from health and safety detriment (UK)

The UK failed properly to implement EU health and safety law by restricting protection from detriment on health and safety grounds to ‘employees’, the High Court (HC) ruled in a recent case. Such protection should be extended to the broader category of ‘workers’. Importantly, this ruling potentially increases employers’ exposure to Covid-19-related health and safety claims.

2020/13 Complaint for harassment does not protect against dismissal based on the facts set out in the complaint but only against dismissal related to its filing (BE)

The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint.

ECJ 25 June 2020, Case C-570/18 P (HF - v - Parliament), Health and Safety

HF- v - European Parliament, EU Case

2020/13 Complaint for harassment does not protect against dismissal based on the facts set out in the complaint but only against dismissal related to its filing (BE)

The Belgian Court of Cassation (Supreme Court), in a decision of 20 January 2020, has ruled that the prohibition for an employer to terminate the employment relationship of a worker for reasons related to a complaint for acts of violence and/or moral and/or sexual harassment at work does not, however, preclude the dismissal from being justified by motives inferred from the facts set out in the complaint.

ECJ 25 June 2020, Case C-570/18 P (HF - v - Parliament), Health and Safety

HF- v - European Parliament, EU Case

2019/46 Robbery attack: the responsibility of the employer? (SI)

A worker was performing regular work tasks at their workplace when an attempted robbery took place. The worker suffered serious facial injuries as a result of an assault by one of the robbers and they filed a lawsuit against their employer claiming the latter was fully liable (both objectively and subjectively) for the work accident entitling them to reimbursement of all damages resulting from the accident. The question that was raised was whether the employer can be held subjectively liable for an accident at work despite the fact that it had taken the necessary measures foreseen and/or imposed by law to prevent such accidents.

2019/46 Robbery attack: the responsibility of the employer? (SI)

A worker was performing regular work tasks at their workplace when an attempted robbery took place. The worker suffered serious facial injuries as a result of an assault by one of the robbers and they filed a lawsuit against their employer claiming the latter was fully liable (both objectively and subjectively) for the work accident entitling them to reimbursement of all damages resulting from the accident. The question that was raised was whether the employer can be held subjectively liable for an accident at work despite the fact that it had taken the necessary measures foreseen and/or imposed by law to prevent such accidents.

ECJ 20 November 2018, C-147/17 (Sindicatul Familia), Working time and leave, Health and safety (RO)

Sindicatul Familia Constanţa, Ustinia Cvas and Others – v – Direcția Generală de Asistență Socială și Protecția Copilului Constanța, Romanian case