Results: 92

• Thibault v Caisse Nationale d’Assurance Vieillesse des Travailleurs Salariés (CNAVTS)

  30 Apr 1998 (Case C-136/95); EU:C:1998:178; [1999] ICR 160, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 16.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment for men and women — Directive 76/207/EEC
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Loss of possibility of advancement by reason of absence from work on maternity leave — Whether discrimination contrary to principle of equal treatment — Council Directive (76/207/EEC), arts 2(3), 5(1)

  EUROPEAN UNION — Equal treatment for men and women — Directive 76/207/EEC — Maternity leave- Right to an assessment of performance

  1 EU Enactment considered

• Boyle v Equal Opportunities Commission

  27 Oct 1998 (Case C-411/96); [1999] ICR 360; [1999] 1 FLR 119; EU:C:1998:506, ECJ

  Subsequent citations: 19.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal pay and equal treatment for men and women — Maternity leave
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  DISCRIMINATION — Sex — Employment — Maternity leave — Employer's maternity scheme — Whether provisions relating to pay, commencement of leave and accrual of pension rights discriminatory — EC Treaty, art 119 — Council Directive (75/117/EEC), art 1 — Council Directive (76/207/EEC), art 5(1) — Council Directive (92/85/EEC), arts 8, 11

  EUROPEAN UNION — Equal pay and equal treatment for men and women — Maternity leave — Rightsof pregnant women in respect of sick leave, annual leave and the accrual ofpension rights

  4 EU Enactments considered
• Levez v TH Jennings (Harlow Pools) Ltd

  01 Dec 1998 (Case C-326/96); [1999] ICR 521; [1999] All ER (EC) 1; [1998] ECR I-7835; EU:C:1998:577, ECJ

  Subsequent considerations : 5 positive; 3 neutral; most recently considered: 2023. Subsequent citations: 62.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Men and women
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  DISCRIMINATION — Sex — Equal pay — Delay in bringing equal pay proceedings in employment tribunal due to employer's misrepresentation — Award limited by national legislation to two years' arrears — Full compensation potentially recoverable by proceeding in county court — Whether application of two-year rule precluded by Community law — Equal Pay Act 1970, s 2(5) — EC Treaty, art 119 — Council Directive (75/117/EEC), arts 2, 6

  EUROPEAN UNION — Social policy — Men and women — Equal pay — Article 119 of the EC Treaty -Directive 75/117/EEC — Remedies for breach of the prohibition ondiscrimination — Pay arrears — Domestic legislation placing a two-year limit onawards for the period prior to the institution of proceedings — Similar domesticactions

  2 EU Enactments considered

  1 Statute considered
• Lawrence v Regent Office Care Ltd (A. G. Lawrence and Others v Regent Office Care Ltd, Commercial Catering Group and Mitie Secure Services Ltd.)

  05 Nov 1998 [1999] ICR 654, EAT

  17 Sep 2002 (Case C-320/00); EU:C:2002:498; [2003] ICR 1092, ECJ

  Subsequent considerations : 2 positive; 4 neutral. Subsequent citations: 22.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Principle of equal pay for men and women — Direct effect
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  DISCRIMINATION — Sex — Equal pay — Applicants employed by local authority prior to contracting out — Whether staff currently employed by local authority relevant comparators — Equal Pay Act 1970, s 1 (as substituted by Sex Discrimination Act 1975, s 8(1)) — EC Treaty, art 119

  DISCRIMINATION — Sex — Equal pay — Same employment — Applicants performing work of equal value to workers of different sex employed by previous employer — Whether those workers relevant comparators on claim for equality of pay — Whether applicants able to rely on Community equal pay provision — EC Treaty, art 141(1) EC

  EUROPEAN UNION — Principle of equal pay for men and women — Direct effect — Comparison of the work performed for different employers

  1 EU Enactment considered

  1 Statute considered
• Hill v Revenue Comrs

  17 Jun 1998 (Case C-243/95); EU:C:1998:298; [1999] ICR 48, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 30.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Equal treatment of men and women — National civil servants
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  DISCRIMINATION — Sex — Equal pay — Scale of points for pay increases — Job-sharers converting to full-time work placed at lower point in scale than other full-time workers — Whether indirect discrimination — EC Treaty, art 119 — Council Directive (75/117/EEC), art 1

  EUROPEAN UNION — Equal treatment of men and women — National civil servants — Job-sharingscheme — Incremental credit determined on the basis of the criterion of actualtime worked — Indirect discrimination

  2 EU Enactments considered

• Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid

  14 Jul 1998 (Case C-125/97); [1999] ICR 605; EU:C:1998:358, ECJ

  Subsequent citations: 8.
  EMPLOYMENT — Employer's insolvency — Liability of guarantee institution
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  Case index catchwords

  EMPLOYMENT — Employer's insolvency — Liability of guarantee institution — Liability limited to claims relating to three months before dismissal — Insufficient wages paid over longer period — Whether sufficiency of payments during three month period extinguishing liability — Whether payments to be attributed to claims relating to earlier period — Council Directive (80/987/EEC), art 4

  1 EU Enactment considered
• Turner v Grovit

  28 May 1999 [2000] QB 345; [1999] 3 WLR 794; [1999] ICR 1114; [1999] 3 All ER 616, CA

  13 Dec 2001 [2001] UKHL 65; [2002] 1 WLR 107; [2002] ICR 94; [2002] 1 All ER 960; [2002] 1 All ER (Comm) 320, HL(E)

  27 Apr 2004 (Case C-159/02); EU:C:2004:228; [2005] 1 AC 101; [2004] 3 WLR 1193; [2005] ICR 23; [2004] 2 All ER (Comm) 381; [2004] All ER (EC) 485; [2004] 2 Lloyd's Rep 169, ECJ

  Subsequent considerations : 3 positive; 7 neutral; 2 negative; most recently considered: 2018. Subsequent citations: 142.
  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings

  EUROPEAN UNION — Brussels Convention — Proceedings brought in a Contracting State
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  CONFLICT OF LAWS — Jurisdiction under European Convention — Exclusive jurisdiction — Employee commencing proceedings in England against corporate employer for unfair dismissal — Employment tribunal accepting jurisdiction — Proceedings subsequently commenced in Spain against employee by another member of corporate group — Whether English and Spanish proceedings between same parties — Whether employment tribunal first seised of proceedings — Civil Jurisdiction and Judgments Act 1982, Sch 1 (as substituted by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990), art 21

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in Spain against plaintiff in English proceedings — Spanish proceedings having sole purpose of harassing plaintiff — Whether abuse of process of English court — Whether jurisdiction to grant injunction restraining pursuit of Spanish proceedings

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in Spain against plaintiff in English proceedings — Spanish proceedings having sole purpose of harassing plaintiff — Whether abuse of process of English court — Whether jurisdiction to grant injunction restraining pursuit of Spanish proceedings — Whether order inconsistent with Brussels Convention — Civil Jurisdiction and Judgments Act 1982 (c 27), s. 2(1), Sch. 2, art 3(1)

  INJUNCTION — Jurisdiction to grant — Restraint of foreign proceedings — Proceedings brought in European Convention contracting state — Action commenced in another state with aim of frustrating existing proceedings — Whether court of first state competent to grant injunction against commencement or continuation of proceedings in second state — Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 28

  EUROPEAN UNION — Brussels Convention — Proceedings brought in a Contracting State — Proceedings brought in another Contracting State by the defendant in the existing proceedings — Defendant acting in bad faith in order to frustrate the existing proceedings — Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State

  4 Case(s) considered

  1 Statute considered

  1 International Agreement considered
• Coote v Granada Hospitality Ltd

  22 Sep 1998 (Case C-185/97); EU:C:1998:424; [1999] ICR 100, ECJ

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 45.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Council Directive 76/207/EEC — Refusal of an employer to provide referencesfor a former employee who was dismissed
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  DISCRIMINATION — Sex — Employment — Employee's sex discrimination claim compromised — Termination of employment — Employer refusing to supply reference — Whether employer liable for retaliatory treatment after termination of employment — Sex Discrimination Act 1975, ss 4, 6(2) — Council Directive (76/207/EEC), art 6

  EUROPEAN UNION — Council Directive 76/207/EEC — Refusal of an employer to provide referencesfor a former employee who was dismissed

  1 Case considered

  1 EU Enactment considered

• Chief Adjudication Officer v Rhodes

  24 Jul 1998 [1999] ICR 178; [1999] 2 All ER 859, CA

  Subsequent citations: 7.
  SOCIAL SECURITY — Industrial injuries benefit — Personal injury
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  Case index catchwords

  SOCIAL SECURITY — Industrial injuries benefit — Personal injury — Benefits Agency employee reporting neighbour for benefit fraud — Assaulted by neighbour when at home on sick leave — Whether accident arising “in the course of … employment” — Social Security Contributions and Benefits Act 1992, s 94(1)(3)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Shawkat v Nottingham City Hospital NHS Trust

  26 Feb 1999 [1999] ICR 780, EAT

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Work of a particular kind — Employee refusing to undertake additional duties in new unit — Whether test diminution in work of a particular kind which employee employed to do — Whether work done by applicant relevant consideration — Employment Rights Act 1996, ss 139(1)(b), 163(2)

  2 Case(s) considered

  1 Statute considered