Case C-409/16. Sex discrimination

Is Article 1(1) of Presidential Decree 90/2003, which amended Article 2(1) of Presidential Decree...

Case C-414/16. Religious discrimination

Is Article 4(2) of Directive 2000/78/EC to be interpreted as meaning that an employer, such as...

2016/51 Separate discrimination claims relating to an unlawful dismissal now possible (PL)

It is possible to make a claim for unlawful discrimination in respect of termination of an employment contract even if no claims has been made for unlawful termination.

ECJ 14 September 2016, case C-16/15 (Pérez López), Fixed-term work

Successive fixed-term contracts cannot be justified by legal provisions allowing renewal in order to ensure the provision of certain services of a temporary, auxiliary or extraordinary nature when, in reality, there is no obligation to create additional permanent posts in order to bring an end to the structural use of fixed-term work to fill permanent posts.

ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employment

Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70.

Case C-432/16. Maternity

On a proper construction of Article 10(1) of Directive 92/85, must the concept of ‘exceptional...

Case C-409/16. Sex discrimination

Is Article 1(1) of Presidential Decree 90/2003, which amended Article 2(1) of Presidential Decree...

Case C-414/16. Religious discrimination

Is Article 4(2) of Directive 2000/78/EC to be interpreted as meaning that an employer, such as...

2016/56 Constitutional Court prohibits suspension pending disciplinary investigation (RO)

Article 52(1)(a) of the Romanian Labour Code allows an employer to suspend, without pay, an employee under a disciplinary investigation. However, the Constitutional Court has recently ruled Article 52(1)(a) unconstitutional.

2016/54 Dismissing a Christian teacher for refusing to separate from her husband following conviction for sex offences was indirect religious discrimination (UK)

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.