A provision of Dutch law, according to which employees who lose their jobs upon retirement are excluded from the right to statutory severance compensation, is not in breach of the Framework Directive. |
Case Reports |
EELC 2018/35 Employees who lose their jobs upon retirement are not entitled to statutory severance compensation (NL) |
Journal | European Employment Law Cases, Issue 4 2018 |
Keywords | Age discrimination |
Authors | Peter C. Vas Nunes |
AbstractAuthor's information |
Case Reports |
2018/25 Two new cases consider whether fathers’ parental leave should be paid the same as mothers’ maternity leave (UK) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Gender discrimination |
Authors | Ludivine Gegaden |
AbstractAuthor's information |
Two differently constituted Employment Appeal Tribunals (‘EATs’) have recently considered whether it is sex discrimination to pay men on parental leave less than women on maternity leave. In Capita, the EAT decided that it was not direct sex discrimination to fail to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay. However in Hextall, the EAT has indicated that enhancing maternity pay but not pay for shared parental leave may give rise to an indirect sex discrimination claim by fathers. |
Case Reports |
2018/14 Dismissal for reorganisation during pregnancy gives right to protection indemnity if not based on objective factors (BE) |
Journal | European Employment Law Cases, Issue 2 2018 |
Keywords | Gender discrimination |
Authors | Gautier Busschaert |
AbstractAuthor's information |
The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy. |
Case Reports |
2018/3 Limitation period for compensation claim on grounds of discrimination (GE) |
Journal | European Employment Law Cases, Issue 1 2018 |
Keywords | Age discrimination |
Authors | Paul Schreiner and Jana Voigt |
AbstractAuthor's information |
An acquired mother tongue is – at least indirectly – connected to a person’s origin and therefore also linked to ethnic origin. Claims based on the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, the ‘AGG’) must be brought in writing within two months after knowledge of a possible discrimination. Time only starts to run for claims after the employer has provided an unsuccessful job applicant with a clear and definite statement that he or she has been rejected. The limitation period under the AGG will not be triggered by lapse of time only. |