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Results: 1-7 of 7

Disability discrimination: associative discrimination prohibited; voluntary workers without contract not protected

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • December 4 2009

The EAT has upheld a tribunal ruling that UK disability discrimination law can be construed to comply with ECJ case law prohibiting discrimination on the grounds of association with a disabled person

Tax: VAT charge on retail vouchers

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • October 1 2010

The European Court of Justice has ruled that part payment of salary to employees in the form of retail vouchers is a taxable supply for VAT purposes

TUPE: may apply to service company employees working in business being transferred

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • November 5 2010

The ECJ has ruled that the Acquired Rights Directive on the transfer of undertakings can apply where a business is being sold by an operating company but the employees assigned to work in that business are actually employed by a service company in the group

UK default retirement age: ECJ sends case to High Court to decide lawfulness

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • March 6 2009

The ECJ has ruled that the UK default retirement age is covered by EU age discrimination law but can in theory be justified by legitimate social policy objectives

Working time: EU law allows employees to reclaim holiday if they are ill

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 2 2009

A worker who is sick during statutory holiday should be allowed under EU law to take the holiday at a later date, if necessary in the following holiday year, according to the ECJ

Age discrimination: employers can continue to rely on default retirement age of 65

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 2 2009

It is not unlawful age discrimination for an employer to dismiss an employee on the grounds of retirement at age 65 or over

Pregnant employees: EU law permits cessation of allowances for specific tasks no longer being performed

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • August 9 2010

The ECJ has ruled that a pregnant employee who is suspended or moved to a new role on health and safety grounds must continue to receive any allowance related to occupational status eg seniority, length of service or qualifications