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AGE DISCRIMINATION - ILLEGAL AFTER OCTOBER 2006?

CASE NOTES

NEWSROUND

AGE DISCRIMINATION - ILLEGAL AFTER OCTOBER 2006?

In the German case of Mangold v Helm, the ECJ’s ruling suggests that age discrimination is already illegal, despite the fact that the legislation is not to be implemented until the final quarter in 2006.

Germany’s laws regarding fixed-term contracts provided less protection for older workers. While such legislation is clearly discriminatory on the grounds of age, it was understood to be legal at least until the end of the implementation period in December 2006. However, the ECJ decided that it was illegal.

The ECJ said that during the implementation period for a directive (in this case Age Discrimination), member states should not introduce legislation that works in the opposite direction. More importantly however, the ECJ said that age discrimination was already contrary to EU law because it is contrary to international law. This means that any member state's legislation that includes unjustified age discrimination is already illegal.

If you wish to discuss these issues any further you can contact the team at Evolution .

 
 

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CASE NOTES

 

Sex Discrimination (Male)

In Devon Fire and Rescue Services v Owers, a female employee had made 16 complaints of harassment and intimidation over three years against Owers, a fire service controller. Six of her complaints were investigated and although Owers was cleared, the female employee was awarded a one-off, no strings attached payment of £750 and continued working in her job.

Owers was subjected to increasingly severe measures by his employer. When he complained of being harassed by the worker who had accused him, no action was taken. He was told by the Personnel Department that the situation would have been different if he had been a woman. He complained of sex discrimination and won his case.

Transsexual Wins Pension Case

A male to female transsexual has won the right to collect her pension as a woman at 60, instead of the male equivalent of 65 after a ruling in the European Court of Justice which overruled the UK law which grants pension rights to transsexuals based on their original gender.

Sarah Margaret Richards was born a male in 1942 but underwent a sex change in 2001. In 2002, she then applied for her pension, but under UK law was identified as a male a had her pension deferred to the age of 65.

The Court in Brussels ruled that Richards had been the subject of discrimination saying that “the right not to be discriminated against on grounds of sex is one of the fundamental human rights. The unequal treatment in this case is based on Ms Richard’s inability to have the new gender which she acquired following surgery recognised”.

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NEWSROUND

End Of Rolled Up Holiday Pay

The practice of paying rolled up holiday pay looks set to end following an ECJ ruling (Caulfield v Hanson Clay Products Limited) that it may contravene the Working Time Directive. Rolled-up holiday pay refers to the practice of an employer paying an amount for annual leave included in the hourly remuneration. The ruling came in a case brought by a group of British shift workers demanding the right to payment during actual holidays taken instead of a notional extra amount on top of their normal hourly pay.

Evolution will keep you updated.

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