Zoekresultaat: 7 artikelen

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    In a recent Supreme Court decision, it was held by a 4-1 majority that there is no reason, in principle, why the provision of ‘reasonable accommodation’ for an employee with a disability should not involve the redistribution of duties.


Orla O’Leary
Orla O’Leary is an attorney-at-law at Mason Hayes & Curran, Dublin.
Case Reports

2019/26 List of discrimination criteria (PL)

Tijdschrift European Employment Law Cases, Aflevering 3 2019
Trefwoorden Age discrimination
Auteurs Marcin Wujczyk
SamenvattingAuteursinformatie

    The Polish Supreme Court has held that a criterion of discrimination may also be a relationship of a social or familial nature that exists in the workplace and whose existence or absence on the part of the employee results in different treatment by the employer.


Marcin Wujczyk
Marcin Wujczyk is an attorney at law at Wardyński & Partners, Poland (https://www.wardynski.com.pl).

    Both the French Supreme Court and the Versailles Court of Appeal held that an employer, who must ensure that liberties and fundamental rights of each employee are respected in the working community, may lawfully prohibit the wearing of any visible sign of political, philosophical or religious beliefs in the workplace, provided that the rule contained in the company rules and regulations applies without distinction to employees in direct contact with the customers of the company only. But in the absence of such rules, sanctioning an employee who refuses to remove her Islamic veil based on the wish of a customer, which does not qualify as a genuine and determining occupational requirement, amounts to an unlawful direct discrimination and should consequently be held null and void.


Claire Toumieux
Claire Toumieux is partner and Thomas Robert is an attorney at Allen & Overy LLP in Paris, France.

Thomas Robert
Case Reports

2018/18 Preliminary questions to ECJ about Brexit implications for UK citizens? (NL)

Tijdschrift European Employment Law Cases, Aflevering 2 2018
Trefwoorden Free movement, Work and residence permit, Other forms of free movement
Auteurs Jan-Pieter Vos
SamenvattingAuteursinformatie

    Recently, the Court of Amsterdam decided to ask preliminary questions to the ECJ about EU citizens’ rights of British nationals, anticipating Brexit. However, two weeks later, it allowed an appeal against this decision. It is therefore unclear if and when these questions will be asked.


Jan-Pieter Vos
Jan-Pieter Vos is a lecturer of Labour Law at Erasmus University Rotterdam.

    It was direct sex discrimination for a male employee who wished to take shared parental leave (SPL) to be entitled only to the minimum statutory pay where a female employee would have been entitled to full salary during an equivalent period of maternity leave, according to a first-instance decision from the Employment Tribunal (ET).


Anna Bond
Anna Bond is an Associate Solicitor at Lewis Silkin LLP.

    The dismissal of a pregnant employee upon her employer’s business takeover was deemed to be unlawful discrimination.


Christiana Michael
Christiana Michael is a lawyer at George Z Georgiou & Associates LLC, www.georgezgeorgiou.com.

    The Employment Appeal Tribunal has upheld an appeal against the finding that a committed Christian teacher who refused to separate from her husband following his conviction for sexual offences would have been dismissed regardless of her faith and therefore such a dismissal was not indirectly discriminatory. The EAT found instead that the Claimant was presented with the choice of having to separate from her husband or be dismissed which subjected people who have a faith-based commitment to marriage to a particular disadvantage.


Laurence Mills
Laurence Mills is an associate at Lewis Silkin LLP: www.lewissilkin.com.
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