scholarly journals Ageism, age discrimination and employment law in the EU

2018 ◽  
pp. 98-115 ◽  
Author(s):  
Ann Numhauser-Henning
2011 ◽  
Vol 2 (2) ◽  
pp. 283-290 ◽  
Author(s):  
Norbert Reich

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This fourteenth edition has been produced against the background of the 2015 and 2017 elections and of course with the largest elephant in the room of the result of the referendum on membership of the EU. The meaning of the latter remains a matter of almost complete uncertainty even t the time of writing two years later, and indeed is likely to remain so for much of the currency of this edition, but where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments such as ACAS early conciliation, whistleblowing, discrimination law across all the forms of protected characteristics, and the whole question of the effect of modern phenomena such as social media use on traditional areas of employment law. On the collective level, this edition includes a consideration of the impact of the Trade Union Act 2016 on the calling of industrial action, picketing and time off for union activites and the latest decisions of the European Court of Human Rights, the EFTA Court and the UK courts on the impact of human rights law and of EU economic freedoms on collective labour law, in particular in relation to union recognition for bargaining and in relation to the banning of industrial action. It also considers whether the 2018 amendments to the Posted Workers Directive have any impact on the legality of any industrial action which affects the EU freedom to provide services across the boundaries of member states. More generally, it examines the extent to which workers and unions have legal protection for collective action relating to members of the gig economy Finally, the changes to the style and layout of the book adopted in the last edition have been maintained, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.


2003 ◽  
Vol 10 (1) ◽  
pp. 9-38 ◽  
Author(s):  
Helen Meenan

This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This thirteenth edition has been produced against the background of the 2015 election and the end of the Coalition government, and of course with the largest elephant in the room of the result of the referendum on membership of the EU. The meaning of the latter remains a matter of almost complete uncertainty at the time of writing, and indeed is likely to remain so for much of the currency of this edition, but where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments such as ACAS early conciliation, tribunal fees, whistleblowing, discrimination law as the Equality Act 2010 beds in, and the whole question of the effect of modern phenomena such as social media use on traditional areas of employment law. On the legislative front, this edition considers the reforms to collective labour law contained in the Trade Union Act 2016. There have also been changes to the style and layout of the book in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.


Living Wage ◽  
2019 ◽  
pp. 98-121
Author(s):  
Shelley Marshall

By 2006, seven years after the transition to capitalism began, informal work in Bulgaria constituted somewhere between 20 per cent and 35 per cent of overall work. It was an entrenched feature of the Bulgarian economy. The aim of this chapter is, first, to track the way that national and international factors converged in the 1990s to create dramatic social change, leaving at least a third of the working population in Bulgaria stranded in informality. It is, second, to assess the expansion of the contract of employment as a means to achieve formalisation. In 2011, Bulgaria’s labour law underwent reform, following a successful campaign for the extension of employment laws to cover home-based workers. The state’s expansion of employment law was in part, a reflection of Bulgaria’s desire to demonstrate adherence with European Union (EU) recommendations as part of its integration into the EU.


Author(s):  
Chris Fry

This chapter focuses on services and public functions and transport provisions. Both are covered by Part 3 of the Equality Act 2010, which deals with discrimination in services and public functions. As with other Parts of the Act, Part 3 consolidates and harmonizes previous legislation. Compared to the previous enactments, one of the most significant changes made by the Act is to introduce a new ban on age discrimination in services and public functions, which applies to service users aged 18 and over. Another significant change to Part 3 of the Act was made necessary following the 2011 decision of the Court of Justice of the European Union in the case of Association Belge des Consommateurs Test-Achats. This decision established that the EU Gender Directive provision that permits proportionate differences between men and womens’ insurance premiums and insurance benefits was unlawful. In response to this decision, regulations made by HM Treasury repealed the insurance exception in paragraph 22 of Schedule 3 relating to sex and gender reassignment and pregnancy and maternity.


Author(s):  
Julia Smedley ◽  
Finlay Dick ◽  
Steven Sadhra

Employment law 558Compensation 560Equality Act 2010 562Disability discrimination 1: Definition of disability 564Disability discrimination 2: Employer’s duties 566Sex discrimination 570Age discrimination 572Working Time Regulations 1998 574This is, of necessity, an abridged account of detailed and complex legislation. The interested reader is referred to more detailed texts....


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