The applicant in this case works for the City of Madrid as a specialist removing illegally parked cars. He had scheduled annual leave. Before this was due to start he was injured in an accident at work. His sick leave then overlapped with his annual leave dates, meaning that he would be off sick and unable to enjoy his holiday. He requested to change his holiday dates, but this request was refused without reason being given. The applicant challenged that decision ...
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Retirement and Age Discrimination: In Palacios v Cortefiel Services SA, the ECJ held that the EU Equal Treatment Framework Directive does not prohibit member states from introducing mandatory retirement ages.
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Retirement Age: In the Spanish Case of Palarios v Cortefiel Servicios SA, the Advocate General held that in considering whether a national law allowing for a compulsory retirement age was inconsistent with the EU Equal Treatment Framework Directive 2000, that the EU Directive does not apply to state laws setting retirement ages and, if it did, such a national provision was justified.
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Unions and the BNP: In ASLEF v UK, the European Court of Human Rights upheld the right of unions to exclude BNP members from their membership.
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Equal Pay. Cadman v Health and Safety Executive, ECJ: It is not necessary for an employer to objectively justify pay disparities arising from employees' length of service. Higher pay for longer service can be justified, because of a presumption that someone who has been doing a job for longer will generally as a result have greater relevant skill, and rewarding any experience which allows an employee to perform better is a legitimate pay policy objective. However, the presumption can be challen ...
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The European Court of Justice has given guidance on how courts should approach age discrimination before national legislation is in place. This case provides just a taster of how complicated age discrimination laws are going to be. A 56-year-old argued that German law implementing the Fixed Term Workers Directive contravened the Equal Treatment Framework Directive by allowing employers exemption from the objective justification rule when awarding fixed-term contracts to those aged over 52. ...
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