Results: 96

• Preston v Wolverhampton Healthcare NHS Trust (Fletcher v Midland Bank plc)

  13 Feb 1997 [1997] ICR 899, CA

  05 Feb 1998 [1998] 1 WLR 280; [1998] ICR 227; [1998] 1 All ER 528, HL(E)

  16 May 2000 (Case C-78/98); EU:C:2000:247; [2001] 2 AC 415; [2001] 2 WLR 408; [2000] ICR 961, ECJ

  Subsequent considerations : 4 positive; 4 neutral; most recently considered: 2023. Subsequent citations: 96.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Men and women
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Questions for reference to European Court of Justice — Successive contracts of employment with same employer — Whether “the employment” limited to specific contract — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1 Pt 1, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Principles of effectiveness and equivalence — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1, Pt I, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  EUROPEAN UNION — Social policy — Men and women — Equal pay — Membership of an occupational pension scheme — Part-time workers — Exclusion — National procedural rules — Principle of effectiveness — Principle of equivalence

  10 Case(s) considered

  1 Words & Phrases considered

  5 EU Enactments considered

  1 Statute considered

• Merino Garcia v Bundesanstalt für Arbeit

  12 Jun 1997 (Case C-266/95); EU:C:1997:292; [1998] ICR 715, ECJ

  Subsequent citations: 5.
  EUROPEAN COMMUNITY — Free movement of workers — Family benefit
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  Case index catchwords

  EUROPEAN COMMUNITY — Free movement of workers — Family benefit — Benefit in respect of period of unpaid leave of more than calendar month — Not payable for employee's children residing in another member state — Whether restriction involving covert discrimination based on nationality — EC Treaty, art 48(2)

  1 Case considered

  1 EU Enactment considered

• Gerster v Freistaat Bayern

  22 Oct 1997 [1998] ICR 327; (Case C-1/95); EU:C:1997:452, ECJ

  Subsequent citations: 35.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Promotion in public service conditional on length of service — Part-time work to count as two-thirds of normal service — Whether contrary to principle of equal treatment — Whether equal pay principle applying to public service — EC Treaty, art 119 — Council Directive (75/117/EEC), art 1 — Council Directive (76/207/EEC), art 3(1)

  1 Case considered

  2 EU Enactments considered
• Danmarks Aktive Handelsrejsende (“Mosbaek”) v Lønmodtagernes Garantifond

  17 Sep 1997 (Case C-117/96); [1998] ICR 954; [1998] All ER (EC) 112; [1997] ECR I-5017; EU:C:1997:415, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 4.
  EUROPEAN COMMUNITY — Employment — Employer's insolvency
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  Case index catchwords

  EUROPEAN COMMUNITY — Employment — Employer's insolvency — Employer established in one member state — Employee residing and employed in another — Claim by employee on employer's insolvency — Whether guarantee institution of employer's or by employee's member state responsible for settling claim — Council Directive (80/987/EEC), art 3

  1 EU Enactment considered

• Draehmpaehl v Urania Immobilienservice ohG

  22 Apr 1997 (Case C-180/95); [1998] ICR 164; EU:C:1997:208, ECJ

  Subsequent citations: 16.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Male applicant for post advertising for female not appointed — Whether proof of employer's fault necessary for compensation award — Whether ceiling on award permissible where no likelihood of applicant being engaged even in absence of discrimination — Whether aggregate ceiling permissible where discrimination against several applicants — Council Directive (76/207/EEC), arts 2(1), 3(1)

  2 Case(s) considered

  1 EU Enactment considered
• O’Flynn v Adjudication Officer

  23 May 1996 (Case C-237/94); [1998] ICR 608; EU:C:1996:206, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 44.
  EUROPEAN COMMUNITY — Free movement of workers — Funeral payment
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  Case index catchwords

  EUROPEAN COMMUNITY — Free movement of workers — Funeral payment — Entitlement conditional on burial taking place in United Kingdom — Whether discriminatory against migrant workers — Social Fund Maternity and Funeral Expenses (General) Regulations 1987, reg 7(1)(c) — Council Regulation (EEC) No 1612/68, art 7(2)

  1 EU Enactment considered

  1 Statutory Instrument considered

• Commission of the European Communities v Hellenic Republic

  12 Mar 1998 (Case C-187/96); EU:C:1998:101; [1998] ICR 1249, ECJ

  Subsequent citations: 4.
  EUROPEAN COMMUNITY — Free movement of workers — Employment

  EUROPEAN UNION — Failure of a Member State to fulfil its obligations — Freedom of movement forworkers
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  Case index catchwords

  EUROPEAN COMMUNITY — Free movement of workers — Employment — Calculation of pay increments of workers in public service of member state — Previous employment in public service of other member states not taken into account — Whether discriminatory — EC Treaty, art 48 — Council Regulation (EEC) No 1612/68, art 7(1)

  EUROPEAN UNION — Failure of a Member State to fulfil its obligations — Freedom of movement forworkers — Article 48 of the EC Treaty — Article 7 of Regulation EEC No1612/68 — Person working in the public service of a Member State — Mutualrecognition of periods of employment in the public service of another MemberState

  2 EU Enactments considered
• Brown v Rentokil Ltd

  30 Jun 1998 (Case C-394/96); EU:C:1998:331; [1998] ICR 790; [1998] 2 FLR 649, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 27.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment for men and women — Dismissal of a pregnant woman -Absences due to illness arising from pregnancy
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Pregnancy — Employee dismissed during pregnancy by reason of absence due to pregnancy-related illness — Contract of employment permitting dismissal of any employee for continuous absence — Whether discrimination on ground of sex — Council Directive (76/207/EEC), arts 2(1), 5(1)

  EUROPEAN UNION — Equal treatment for men and women — Dismissal of a pregnant woman -Absences due to illness arising from pregnancy

  3 Case(s) considered

  1 EU Enactment considered
• Magorrian v Eastern Health and Social Services Board

  11 Dec 1997 (Case C-246/96); [1998] ICR 979; EU:C:1997:605, ECJ

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 5.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Equal pay for male and female workers — Article 119 of the EC Treaty -Protocol No 2 annexed to the Treaty on European Union
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Additional benefits of scheme not available to part-time workers — Indirect discrimination against women workers — Date from which entitlement to benefits to be calculated — Whether national legislation restricting period of entitlement to two years contrary to Community law — EC Treaty, art 119

  EUROPEAN UNION — Equal pay for male and female workers — Article 119 of the EC Treaty -Protocol No 2 annexed to the Treaty on European Union — Occupational socialsecurity schemes — Exclusion of part-time workers from status conferringentitlement to certain additional pension benefits — Date from which suchbenefits must be calculated — National procedural time-limits

  4 Case(s) considered

  1 EU Enactment considered
• Grant v South-West Trains Ltd

  17 Feb 1998 (Case C-249/96); EU:C:1998:63; [1998] ICR 449; [1998] 1 FLR 839, ECJ

  Subsequent considerations : 2 neutral. Subsequent citations: 24.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment of men and women — Refusal of travel concessions tocohabitees of the same sex
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Employee entitled to travel concessions for opposite sex partner — Concessions refused for employee's same sex partner — Whether unlawful discrimination — Whether discrimination based on sexual orientation prohibited by Community law — EC Treaty, art 119 — Council Directive (75/117/EEC), art 1

  EUROPEAN UNION — Equal treatment of men and women — Refusal of travel concessions tocohabitees of the same sex

  1 Case considered