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ECJ gives judgement on employer's defence clause in UK health and safety law
Sean Elson, senior associate at Pinsent Masons adds: "This is good news for the UK, which after all has one of, if not the, best workplace safety record in Europe. The judgment is welcome as if this had been lost there may have been a need for a revision of health and safety laws in this country - potenti...
Comment | 18 Jun 2007
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ECJ gives judgement on employer's defence clause in UK health and safety law
The European Court of Justice (ECJ) has given its long-awaited judgement today (14 June) on the legality of the phrase “so far as is reasonably practicable” in UK health and safety law. The ECJ rejected the European Commission’s (EC) claim that the use of “so far as is reasonably practicable” restricts an employer’s ...
News | 14 Jun 2007
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ECJ gives judgement on employer's defence clause in UK health and safety law
It is a big step from "so far as is reasonably practicable" to "ensure the health & safety of workers in every aspect related to work". It is noteworthy that the European Court of Justice in the end (after years) rejected the European Commission's claim that "reasonably practicable" was essentially a "get-out" clause for employers. T...
Comment | 18 Jun 2007
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ECJ gives judgement on employer's defence clause in UK health and safety law
Julian, David Wright, solicitor at Kennedy?s gave his opinion on the ECJ ruling to Workplace Law today: ?My suspicion is that as far as the short term is concerned, and by ?short term? I mean years rather than weeks (bear in mind the fact that the Commission?s attack on reasonable practicability dates back ten years), no changes will be required or effected to the re...
Comment | 18 Jun 2007
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ECJ gives judgement on employer's defence clause in UK health and safety law
Can Workplace Law give us their opinion on what, if anything, will or should change with regard to H&S Law as a result of this judgement. My feeling was if the claim was upheld we would almost have to re-write everything but even if was rejected there would still be some implications for our existing legislation.
Comment | 15 Jun 2007
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The right to take industrial action is 'fundamental', says ECJ
...rotected by Article 13 of the Finnish Constitution.Viking brought proceedings in the High Court in London, arguing that its rights to freedom of establishment under EC law were infringed by the industrial action. The Court of Appeal referred questions to the European Court of Justice. Following the ECJ judgement the case will return to the Court of Appeal, which must apply the guidance provided by the ECJ to the facts of the case. Richard Arthur, Head of Trade Union Law at Thompsons Solicitors, the largest firm of personal injury and trade union lawyers in the UK, said in response to the case:"Th...
Case | 13 Dec 2007
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Carers in private sector "are protected by ECJ decision"
A UK Employment Tribunal judge ruled yesterday (27 November 2008) that UK anti-disability discrimination legislation can implement a recent ECJ decision which extends greater protection to carers in the workplace without going back to Parliament. This means that private sectors workers who also have caring responsibilities now have the same level of protection as public sector workers who for legal reasons were able to rely on the ECJ ruli...
News | 28 Nov 2008
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6 April 2005 - important employment law changes take effect
...y pay if a pay-rise takes effect at any time between the start of the set period and the end of the maternity leave (either ordinary or additional). The change was necessitated by the European Court of Justice's judgement in the case of Alabaster v Woolwich plc, decided in March 2004. The ECJ held that a failure to give effect to a pay rise awarded while the mother was away on maternity leave would be in breach of the equal treatment provisions of Article 119 of the EC Treaty. National Minimum Wage Regulations 1999 (Amendment) Regulations 2004 Regulations co...
News | 6 Apr 2005
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Identity charade
...ent wins right to wear Kara bangle coMMEnt 07 EquALITy AND DIvERSITy WhAT'S ThE DIffERENCE? Some diversity policies can unwittingly undermine equality by re-enforcing stereotypes, says Amy Bird. 14 DISCRImINATED AGAINST fOR SOmEONE ELSE'S DISABILITy: ThE COLEmAN CASE European Court of Justice (ECJ) has ruled Sharon Coleman's employer discriminated against her because her son was disabled. If the ruling is applied in UK law, what could this mean for employers of other carers? Luke Tapp and John Macaulay of Greenwoods Solicitors investigate. 22 EmpLOyING DEAf pEOpLE: ThE DONALDSON'S SChOOL Ex...
Magazine issue | 3 Sep 2008
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Evacuation versus invacuation
...tment Directive by imposing a mandatory retirement age of 65. It is also arguing that the Government has improperly implemented the EU Directive, upon which the Employment Equality (Age) Regulations 2006 were based. The challenge at the High Court has been referred to the European Court of Justice (ECJ), where there will now be a hearing on 2 July. The ECJ is expected to publish its judgement before the end of the year. 15231 The deadline for responses to the consultation is 28 August. 15141 Use the Regulation finder for further information on any of the above legislation, visit www.workplacela...
Magazine issue | 10 Jul 2008
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3 strikes and your fire's not out!
...omply with the company dress code. The company said that this was one of the reasons he was not given more work. Essentially, Mr Harris lost his claim for direct discrimination under the 2003 Regulations Case law Should DDA incorporate discrimination by association? The European Court of Justice (ECJ) recently heard a case that could result in fundamental changes to the scope of the existing Disability Discrimination Act 1995 (DDA). The case was bought by Sharon Coleman against her former employers who she claimed had discriminated against her following the birth of her disabled son. She claime...
Magazine issue | 8 Nov 2007
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What is reasonable adjustment?
..., when it Coleman oe a comes to adjustments, 5 v. Attridge Law [2006] tridg L dge 006] is considered T i cas This case, the first disability discriminat on-related question to be ase, irst isabilit is rimination-relat d uestion t t abil t i a -related stio referred to the European Court of Justice (ECJ), will establish whether eferr d t European ourt rred rope Justice ECJ) l est blis whether stic tablish ethe 6 reasonable or not tho e who r ssociate with disabl pers n u h as care can or not those who are associated with a disabled person, such as a carer, can hose ociated h isab rson rer, clai pr...
Magazine issue | 1 Dec 2006
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Default retirement age is legal: 1st ruling in Heyday case
Age Concern’s legal challenge to the default retirement age has been rejected by the Advocate General. The Advocate General, a senior legal advisor to the European Court of Justice (ECJ), has backed the current UK rules, which allow employers to compel workers to retire at 65, and says that having a default retirement age is not necessarily contrary to EU rules. All retirement age-related cases going through the Employment Appeals Tribunal process have been put on hold until the d...
News | 23 Sep 2008
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Heyday: first indication of outcome to be issued soon
An indication of how Heyday could be decided will be issued on 23 September 2008, when the Advocate General sets out guidance on the case for the European Court of Justice (ECJ). The judicial review, brought by the National Council on Ageing (which operates under the names Heyday and Age Concern), argues that the UK’s age discrimination legislation is discriminatory because it does not apply to those over 65 and gives employers the right to impose a mandatory retirement...
News | 1 Sep 2008
