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Summary

2011-04-14

2011/35 Resignation notice did not prevent transfer (UK)

An employee (Mr Marcroft) who had given his termination notice shortly before the business employing him transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’), and who did not need to attend the office during the notice period, was nonetheless assigned to the undertaking. Accordingly, he could not assert that his employment had not transferred, thereby preventing the new owners of the business from enforcing a restrictive covenant in his contract.

Court of Appeal, 2011-04-14

Case report

2011-04-14

Denmark

2011/62: No doubt about EU law (DK)

In a case about entitlement to replacement holiday in the event of sickness during a holiday, the Danish High Court did not believe that EU law was unclear. The Court therefore denied an application for a preliminary reference to the ECJ.

Østre Landsret (Danish Eastern High Court), 2011-04-14

Case report

2011-04-14

United Kingdom

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.

Employment Appeal Tribunal, 2011-04-14

Summary

2011-04-14

2011/62: No doubt about EU law (DK)

In a case about entitlement to replacement holiday in the event of sickness during a holiday, the Danish High Court did not believe that EU law was unclear. The Court therefore denied an application for a preliminary reference to the ECJ.

Østre Landsret (Danish Eastern High Court), 2011-04-14

Summary

2011-04-14

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.

Employment Appeal Tribunal, 2011-04-14

Case report

2011-04-12

Germany

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’).

Bundesarbeitsgericht (Federal Labour Court), 2011-04-12

Summary

2011-04-12

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’).

Bundesarbeitsgericht (Federal Labour Court), 2011-04-12

Case report

2011-04-07

Poland

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.

Sąd Najwyższy (Supreme Court), 2011-04-07

Summary

2011-04-07

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.

Sąd Najwyższy (Supreme Court), 2011-04-07

Court watch

2011-04-07

ECJ 7 April 2011, case C-151/10 (Dai Cugini NV – v – Rijksdienst voor Sociale Zekerheid), Part time work

Clause 4 of the Framework Agreement on Part-Time Work does not prohibit national legislation that obligates employers to maintain for inspection the employment contracts and work schedules of part-time workers if that legislation does not cause part-time workers to be treated less favourably than full-time workers in a comparable situation or if such difference in treatment is objectively justified. It is for the national courts to determine whether this is the case. If those courts find the legislation to be incompatible with Clause 4 then it is also incompatible with Clause 5.

European Court of Justice (ECJ), 2011-04-07