Welcome to the European Employment Law Cases (EELC), an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
2011/6: Loss caused by ex-employer’s victimisation not too remote (UK)
A law firm that victimised a former employee by giving her a bad reference, because she had brought a sex discrimination claim against it, was liable to pay her compensation for loss of earnings when a prospective new employer withdrew a job offer because of the reference.
2010/76: Mandatory retirement of law firm partner at age 65 justified (UK)
It was lawful for a law firm to operate a policy of mandatory retirement of partners at the age of 65 as this was a proportionate means of meeting various legitimate aims.
2011/25 Statistics alone insufficient to establish presumption of “glass ceiling” (GE)
An employee who is not promoted to a higher position and who alleges that this is because there is a “glass ceiling”, must establish facts from which it may be presumed that there has been gender discrimination. Providing statistics to the effect that women are underrepresented in senior positions is insufficient for this purpose.
2010/73: Czech Supreme Court accepts broad “transfer” definition (CZ)
The Czech Supreme Court recently ended a long-standing controversy by ruling that any transfer of activities from one employer to another, even if it fails to qualify as a transfer of undertaking in the meaning of the Acquired Rights Directive, leads to a transfer of the relevant employees, along with all their rights and obligations, to the transferee.
2011/13: Spanish Supreme Court follows Schultz-Hoff (SP)
The ECJ’s rulings in Schultz-Hoff, Stringer and Pereda have forced the Spanish Supreme Court to change its doctrine in respect of paid annual leave accrued during sick leave.
2010/72: Failure to inform works council means management may not close down plant (FR)
Total was ordered to restart production at its Dunkirk refinery, which had stood idle for nine months, within 15 days of service of the judgment, or face fines of 100,000 per day, because the refinery’s management had failed to follow proper procedures to inform and consult its works council before deciding to close down the refinery.
2010/79: Employers may discriminate against under-18s (DE)
Provisions in a collective labour agreement that allow the practice of paying employees under 18 years less than older employees and that allow termination of employees’ contracts when they turn 18, do not violate the Danish Employment Equality Directive.
2010/68: A group of companies that reorganise may, for redundancy selection purposes, assess the need to terminate staff at group level (FI)
The employer was entitled to terminate the employment contract of an employee in a situation where the group was reorganised owing to its weak financial position, as the operations of the group of companies constituted a single operational and economic entity.