ECJ 24 February 2022, case C-389/20 (TGSS (domestic worker unemployment)), Gender Discrimination, Social Insurance

CJ – v – Tesorería General de la Seguridad Social (TGSS), Spanish case

ECJ 24 February 2022, case C-389/20 (TGSS (domestic worker unemployment)), Gender Discrimination, Social Insurance

CJ – v – Tesorería General de la Seguridad Social (TGSS), Spanish case

2021/42 Football referees are employees, not self-employed (UK)

The Court of Appeal (CA) has allowed an appeal by HM Revenue & Customs (HMRC) against a decision that there was insufficient mutuality of obligation and control for football referees to be treated as employees for tax purposes.

The CJEU between lack of horizontal direct effect and disapplication of internal legislation

2021/42 Football referees are employees, not self-employed (UK)

The Court of Appeal (CA) has allowed an appeal by HM Revenue & Customs (HMRC) against a decision that there was insufficient mutuality of obligation and control for football referees to be treated as employees for tax purposes.

ECtHR 17 February 2022, app. no. 46586/14 (D’Amico v. Italy), Pension

Ms Immacolata Filomena D’Amico – v – Italian Government, Italian case

ECtHR 17 February 2022, app. no. 46586/14 (D’Amico v. Italy), Pension

Ms Immacolata Filomena D’Amico – v – Italian Government, Italian case

2021/41 Home-based stand-by time may constitute working time in accordance with EU law, but paid differently by virtue of national law (BE)

Building upon the ECJ case law qualifying stand-by time with significant availability obligations of volunteer firefighters as working time, the Belgian Court of Cassation has upheld a system of compensation by which stand-by time pays less than regular working time.

2021/41 Home-based stand-by time may constitute working time in accordance with EU law, but paid differently by virtue of national law (BE)

Building upon the ECJ case law qualifying stand-by time with significant availability obligations of volunteer firefighters as working time, the Belgian Court of Cassation has upheld a system of compensation by which stand-by time pays less than regular working time.

2021/37 Employer loses discrimination claim after trying to reduce gender pay gap (UK)

An Employment Tribunal (ET) decision involving an advertising agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group.