Tag Archives: ECJ

England beats Germany on penalties in new holiday pay decision (UK)

Flowers –v- East of England Ambulance Services NHS Trust this month concerned a claim by a number of workers in the Trust ambulance service that their holiday pay should include an allowance in respect of overtime, both non-guaranteed and voluntary. For these purposes, voluntary overtime was work which the employee was under no obligation to … Continue Reading

No real shocks in high-tension ECJ decision on indirect discrimination

Reflecting perhaps a quiet summer in domestic UK employment law terms, much energy has been expended in recent weeks by commentators on the possible ramifications for HR of a European Court of Justice Case on Bulgarian electricity meters.  In reality, however, there may be rather less to this in practical terms than meets the eye. … Continue Reading

EU Advocate General’s decision on obesity as disability makes fat lot of difference

In the end, the Advocate General reached the inevitable conclusion – that obesity by itself is not automatically a disability, but can be if and when it “hinders full participation in professional life on an equal footing with other employees”, or (translated into the UK Equality Act’s definition) has a substantial adverse effect on a … Continue Reading

All roads lead to Rome for EU governing law clauses

Schlecker v Boedeker C-64/12 concerned a dispute over the correct law applicable to an employment contract in the absence of an express governing law clause; the dispute provided the European Court of Justice with a timely opportunity to reiterate the correct application of the Rome Convention to employment contracts. The Convention allows parties to a … Continue Reading
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