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21/06/09
This practice was legal according to Austrian law but Mr Hutter argued this breached the Equal Treatment Directive 2000/78.
The Austrian government tried unsuccessfully to invoke Article 6(1) of Directive 2000/78 of pleading justification of differences of treatment on grounds of age that, "if within the context of national law they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary".
The European Court of Justice (ECJ) in its judgment quoted Article 2 of Directive 2000/78 outlawing all forms of direct and indirect discrimination. The ECJ did not think that the discrimination was subject to the Article 6 escape clause whereby discrimination could be justified by having a legitimate aim.
The ECJ agreed with Hutter when it decided that Articles 1, 2 and 6 of Council Directive 2000/78/EC forbids national legislation that excludes periods of employment completed before the age of 18 from being taken into account when deciding pay and seniority according to experience.
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Other recent cases:- An ongoing difficulty in doing everyday activities (independantly of when this occurs)indicates the existence of disability Chief Constable of Dumfries & Galloway v Adams [2009] UKEAT 0046_08_0304 An employment tribunal needs to first identify loss suffered by the employee at the time of dismissal before estimating compensation Saunders v OCS Group Ltd [2009] UKEAT 0051_09_2805 Major EAT boost to TUPE service provision change protections – A “common sense and pragmatic approach is required” Metropolitan Resources v Cambridge EAT 2009 Former employee sued (Unsuccessfully)for fudging medical history Cheltenham BC v Christine Laird – High Court QBD – 2009 Constructively dismissed can claim notice pay without needing to offset against income from new job Peters Ltd v Bell EAT [2009] Redundancy was a sham in response to protected disclosures El-Megrisi v Azad University - UKEAT - [2009] When deciding compensation the ET was entitled to speculate on the future losses of the claimant. Islam Channel Ltd v Ridley [2009] UKEAT - [2009] Apprentice was discriminated against when his employers ignored experience gained prior to 18 years of age Hutter v Technische Universität Graz - Case C-88/08 3rd Div ECJ 2009 - [2009] Non-payment of a tribunal award was basis of claim for post decision victimisation claim Rank Nemo Ltd & Ors v Coutinho - [2009] EWCA Civ 454 With reinstatement orders, the claimant's behaviour must be taken into account by the ET Central & NW London NHS Trust v Abimbola - EAT 2009 Post decision vexatious behaviour lost the claimant his compensation Aryeetey v Tuntum Housing Association [2009] EAT Workers may claim for unpaid holiday not only under regulations 13,14 and 16 of the Working Time Regulations (WTR) but also as unauthorised deductions of pay - HMRC v Stringer and others - HoL 2009 'Illogical' to only award costs for counsel but not solicitor after warning to respondent about 'hopeless' strikeout attempt - HARROGATE NHS TRUST v MOCKFORD - EAT 2009 |
Pyrric Victories - half of workers fail to receive their employment tribunal awards
Not Awarding Costs Over False Allegations Was 'Perverse' - Daleside Nursing Home v Mathew - EAT 2009 Constructive Dismissal:- 1) An Employer's Breach Of Contract Can Be Repaired 2) 'Reasonable Range' Rule Does Not Apply - Buckland v Bournemouth University - EAT 2009 Redundancy - Length of service may be taken into account - ROLLS-ROYCE PLC v UNITE UNION - CA 2009 Tribunals Have Discretion Regarding Time Extensions For Originating Applications (ET1) - Carter v London Underground Limited EAT 2009 Blacklisting of Workers To Be Outlawed Disability and avoidance of adjustments at interview - Limits of employer's 'ignorance' plea defined - EAT 2009 The Court of Appeal's unreasonable affinity for the 'Range of Reasonable Responses' - London Ambulance v Small [2009] Employment tribunals will first consider whether the case is in time. Farr v Ryefell Ltd - EAT - [2009] Starting off on the wrong foot - those little details - Chowles v West - EAT 2008 Absence of dismissal warning in Step 1 email was automatically unfair - Zimmer v Brezan Council fails in GMF defence to equal pay claims COVENTRY CITY COUNCIL v NICHOLLS - EAT 2009 Novacold Overuled, Malcolm Confirmed; Comparator test in discrimination cases Is now higher Forcible Retirement - ECJ 2009 The tribunal must not elaborate when answering questions put by the EAT (Burns-Barke procedure) - WOODHOUSE SCHOOL v WEBSTER - [2009] EWCA Civ 91 Sham Contracts - Protectacoat Firthglow Ltd v Szilagyi - CA 2009 EAT Guidance For Harassment Cases - RICHMOND v DHALIWAL 2009 Dismissal for proselytising not unfair or discriminatory When does the clock start ticking in a disability discrimination case? - Matuszowicz v Kingston CC - (CA 2009) Collective agreements negotiated after a transfer still bind the transferee- Alemo-Herron v Parkwood Ltd EAT 2009 Tribunals should “give reasons which are candid, intelligible, transparent and coherent” - CLARK v CLARK CONSTRUCTION - 2008 Agency workers are to receive the same pay and conditions as permanent staff |
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| Do you have a problem at work? Are you being discriminated against harassed or victimised at work or have you been unfairly or wrongfully dismissed? If you are suffering from discrimination at work you need to contact WorkRep early on. For further information click here |
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| WorkRep is based in the the North West region of the UK and represents mainly in the areas served by the Manchester employment tribunal and the Liverpool employment tribunal. We advise claimants throughout the country however and resources permitting are prepared to represent employment tribunal claimants throughout England and Wales. | ||
| Lawyers routinely use the threat of costs to intimidate workers into giving up their employment tribunal claims at an early stage. Some lawyers use this tactic indiscriminately against claimants with success. For further information regarding resisting costs actions in employment tribunals or if you have any employment problem click here |
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