European Employment Law Cases

Case Reports

2020/15 Discrimination against severely disabled persons by the calculation of social plan compensation (GE)

Keywords Disability Discrimination, Age Discrimination
Authors Iness Gutt
Author's information

381470 Iness Gutt
Ines Gutt is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The Federal Labour Court of Germany (Bundesarbeitsgericht, ‘BAG’) has decided that a social plan that distinguished between employees who were born in 1960 or later and employees who were born before 1960 for the calculation of severance payment did not constitute unjustified age discrimination. However, a regulation in a social plan which referred to the “earliest possible” entitlement to a statutory pension when calculating the severance payment constituted unjustified indirect discrimination against disabled persons.

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