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  • Atkins v Coyle Personnel

    Carl Gardner
    February 29, 2008

    Something else I missed last week was this interesting Employment Appeal Tribunal case, dealing with the fairness of a dismissal during paternity leave. I spotted it because of a note posted at Lexology by Louise Fernandes […]

    Tags: employment, paternity
  • Richmond Adult Community College v McDougall

    Carl Gardner
    January 18, 2008

    The Court of Appeal gave judgment yesterday in an interesting disability discrimination case about mental illness.

    Elizabeth McDougall applied for a job at the college in 2005, and got it – subject to medical checks. But when those […]

    Tags: disability, discrimination, employment, mental health
  • Strikes must be justified in free movement law: the ECJ’s ruling in Viking Line

    Carl Gardner
    December 13, 2007

    Earlier this week the ECJ gave its ruling in case C-438/05 International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line – often simply called the Viking Line case. It’s the case Lord Wedderburn was […]

    Tags: employment, eu law, free movement, trade unions
  • Head of Legal "agrees with Pannick" shock

    Carl Gardner
    November 27, 2007

    Heavens! What’s going on? I actually agree with what he says in the Times today about European free movement and discrimination law, and sport: it http://www.gooakley.com/ really is no good ministers or sports bodies trying […]

    Tags: david pannick, employment, eu law, sport
  • Palacios de la Villa: EC law means never having to say sorry

    Carl Gardner
    October 16, 2007

    In its judgment today in case C-411/05 Palacios de la Villa , the ECJ has ruled that Directive 2000/78, which outlaws discrimination on grounds of age, does not prevent member states from legislating so as to permit compulsory […]

    Tags: discrimination, employment, eu law
  • Green ink (and a bit of sense) on the Charter

    Carl Gardner
    October 16, 2007

    The Times today has a few letters responding to the government and Lord Wedderburn on the Reform Treaty.

    Robert Gutfreund Walmsley’s letter makes depressing eurosceptic reading. What does he mean by the dual nationality provision? There?s nothing new in […]

    Tags: employment, eu reform treaty, europe
  • Wedderburn at it again

    Carl Gardner
    October 15, 2007

    Writing to the Times, this time, about the Charter again and those cases he mentioned in the Telegraph last week.

    Tags: employment, eu law, eu reform treaty, europe
  • Pay and the Social Chapter

    Carl Gardner
    October 11, 2007

    I was interested that at the Conservative conference last week David Cameron made clear a future Tory government will try to opt out of the EU social chapter. Not that that’s new – as this story shows – though […]

    Tags: employment, europe
  • Lord Wedderburn, Laval and Viking Line

    Carl Gardner
    October 11, 2007

    I noticed an interesting letter in the Telegraph yesterday from Lord Wedderburn QC. It’s a bit cryptic, but I think he’s suggesting the ECJ might be about to create a new, enforceable right to strike.

    The two cases […]

    Tags: employment, eu law, free movement
  • Health and Safety at Work: UK wins in European Court

    Carl Gardner
    June 18, 2007

    Last Thursday the ECJ gave judgment for the UK in infraction proceedings brought by the Commission. This is a major victory for the UK; and it might even turn out, one day, to be a milestone in the history […]

    Tags: employment, europe
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