ECJ 5 May 2022, case C-405/20 (BVAEB), Gender Discrimination, Pension

EB, JS, DP - v - Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), Austrian case

2022/3 Liability for late implementation of EU law following ruling from the ECJ (DK)

The Danish Ministry of Employment has been held liable for a protracted legislative process following the ECJ’s ruling in the Ole Andersen case (C-499/08), which concluded that the Salaried Employees Act was not compliant with Directive 2000/78/EC concerning equal treatment in employment and occupation (prohibition of discrimination on grounds of age).

2022/2 Unions have no veto over employer negotiations with staff (UK)

The Supreme Court has confirmed that recognised trade unions do not have a veto over employers making direct offers to their members to change terms and conditions of employment. Employers must, however, follow and exhaust the collective bargaining processes with their recognised unions before they may make direct offers with a view to resolving an impasse that has arisen.

ECJ 5 May 2022, case C-265/20 (University of Antwerp and Others), Fixed-Term Work, Part Time Work

FN - v - University of Antwerp and Others, Belgian case

ECJ 5 May 2022, case C-265/20 (University of Antwerp and Others), Fixed-Term Work, Part Time Work

FN - v - University of Antwerp and Others, Belgian case

2022/2 Unions have no veto over employer negotiations with staff (UK)

The Supreme Court has confirmed that recognised trade unions do not have a veto over employers making direct offers to their members to change terms and conditions of employment. Employers must, however, follow and exhaust the collective bargaining processes with their recognised unions before they may make direct offers with a view to resolving an impasse that has arisen.

ECJ 5 May 2022, case C-101/21 (HJ - and de directeur d’une société), Insolvency

HJ - v - Ministerstvo práce a sociálních věcí, Czech case

EELC Academic Board Review 2021 - Working time

ECJ 5 May 2022, case C-101/21 (HJ - and de directeur d’une société), Insolvency

HJ - v - Ministerstvo práce a sociálních věcí, Czech case

ECJ 28 April 2022, case C-237/20 (Federatie Nederlandse Vakbeweging (Pre-pack procedure)), Transfer, Employment terms, Insolvency

Federatie Nederlandse Vakbeweging - v - Heiploeg Seafood International BV, Heitrans International BV, Dutch case