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Case report

2010-07-28

United Kingdom

2010/76: Mandatory retirement of law firm partner at age 65 justified (UK)

It was lawful for a law firm to operate a policy of mandatory retirement of partners at the age of 65 as this was a proportionate means of meeting various legitimate aims.

Court of Appeal, 2010-07-28

Summary

2010-07-28

2010/76: Mandatory retirement of law firm partner at age 65 justified (UK)

It was lawful for a law firm to operate a policy of mandatory retirement of partners at the age of 65 as this was a proportionate means of meeting various legitimate aims.

Court of Appeal, 2010-07-28

Case report

2010-07-22

Germany

2011/25 Statistics alone insufficient to establish presumption of “glass ceiling” (GE)

An employee who is not promoted to a higher position and who alleges that this is because there is a “glass ceiling”, must establish facts from which it may be presumed that there has been gender discrimination. Providing statistics to the effect that women are underrepresented in senior positions is insufficient for this purpose.

Bundesarbeitsgericht (Federal Labour Court), 2010-07-22

Summary

2010-07-22

2011/25 Statistics alone insufficient to establish presumption of “glass ceiling” (GE)

An employee who is not promoted to a higher position and who alleges that this is because there is a “glass ceiling”, must establish facts from which it may be presumed that there has been gender discrimination. Providing statistics to the effect that women are underrepresented in senior positions is insufficient for this purpose.

Bundesarbeitsgericht (Federal Labour Court), 2010-07-22

Case report

2010-07-14

Czech Republic

2010/73: Czech Supreme Court accepts broad “transfer” definition (CZ)

The Czech Supreme Court recently ended a long-standing controversy by ruling that any transfer of activities from one employer to another, even if it fails to qualify as a transfer of undertaking in the meaning of the Acquired Rights Directive, leads to a transfer of the relevant employees, along with all their rights and obligations, to the transferee.

Nejvyšší soud (Czech Supreme Court), 2010-07-14

Summary

2010-07-14

2010/73: Czech Supreme Court accepts broad “transfer” definition (CZ)

The Czech Supreme Court recently ended a long-standing controversy by ruling that any transfer of activities from one employer to another, even if it fails to qualify as a transfer of undertaking in the meaning of the Acquired Rights Directive, leads to a transfer of the relevant employees, along with all their rights and obligations, to the transferee.

Nejvyšší soud (Czech Supreme Court), 2010-07-14

Case report

2010-07-09

Denmark

2010/81: Employee compensated for religious harassment because his manager referred to his church as a “sect” (DE)

An employee was awarded approximately € 3,350 in compensation because his manager called his church a “sect”.

Horsens District Court, 2010-07-09

Summary

2010-07-09

2010/81: Employee compensated for religious harassment because his manager referred to his church as a “sect” (DE)

An employee was awarded approximately € 3,350 in compensation because his manager called his church a “sect”.

Horsens District Court, 2010-07-09

Case report

2010-07-06

Spain

2011/13: Spanish Supreme Court follows Schultz-Hoff (SP)

The ECJ’s rulings in Schultz-Hoff, Stringer and Pereda have forced the Spanish Supreme Court to change its doctrine in respect of paid annual leave accrued during sick leave.

Tribunal Supremo de España (Spanish Supreme Court), 2010-07-06

Summary

2010-07-06

2011/13: Spanish Supreme Court follows Schultz-Hoff (SP)

The ECJ’s rulings in Schultz-Hoff, Stringer and Pereda have forced the Spanish Supreme Court to change its doctrine in respect of paid annual leave accrued during sick leave.

Tribunal Supremo de España (Spanish Supreme Court), 2010-07-06