ECJ 4 July 2019, case C-377/17 (Commission – v – Germany), miscellaneous

European Commission – v – Federal Republic of Germany, supported by Hungary, German case

2019/13 A long-term functional impairment? (DK)

An employee’s functional impairment, which at the time of dismissal had had a duration of 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78 establishing a general framework for equal treatment in employment and occupation.

2019/13 A long-term functional impairment? (DK)

An employee’s functional impairment, which at the time of dismissal had had a duration of 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78 establishing a general framework for equal treatment in employment and occupation.

ECJ 10 July 2019, case C-410/18 (Aubriet), free movement

Nicolas Aubriet – v – Ministre de l’Enseignement supérieur et de la Recherche, Luxembourgish case

ECJ 10 July 2019, case C-410/18 (Aubriet), free movement

Nicolas Aubriet – v – Ministre de l’Enseignement supérieur et de la Recherche, Luxembourgish case

2019/24 Court of Appeal rejects Uber’s worker status appeal (UK)

Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company.

2019/24 Court of Appeal rejects Uber’s worker status appeal (UK)

Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company.

ECJ 13 June 2019, case C-317/18 (Correia Moreira), transfer of undertakings, employees who transfer/refuse to transfer, employment terms

Cátia Correia Moreira – v – Município de Portimão, Portuguese case

ECJ 13 June 2019, case C-317/18 (Correia Moreira), transfer of undertakings, employees who transfer/refuse to transfer, employment terms

Cátia Correia Moreira – v – Município de Portimão, Portuguese case

ECJ 20 June 2019, case C-404/18 (Hakelbracht and Others), gender discrimination, general

Jamina Hakelbracht, Tine Vandenbon, Instituut voor de Gelijkheid van Vrouwen en Mannen – v – WTG Retail BVBA, Belgian case