October 2019 Online Update Course
This month's 12 questions are based on a Supreme Court case relating to the employment status of judges and a Court of Appeal case relating to race discrimination.
Merinson v Yukos International UK BV and others  EWCA Civ 830
Appeal against the decision in the High Court that the English courts had jurisdiction under “Brussels Recast” to try the claims brought against the Appellant by the Respondent. Appeal dismissed.
Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (CJEU Case C-55/18)
Judgment of the Court of Justice of the European Union (CJEU) that Member States must require employers to set up a system enabling the duration of daily working time to be measured.
Abercrombie & Fitch Italia (Social policy - Equal treatment in employment and occupation - Age : Judgment)  EUECJ C-143/16
Preliminary ruling on whether Article 21 of the Charter and Article 2(1), Article 2(2)(a) and Article 6(1) of Directive 2000/78 must be interpreted as precluding a provision which authorises an employer to conclude an on-call contract with a worker of under 25 years of age, whatever the nature of the services to be provided, and to dismiss that worker as soon as he reaches the age of 25 years. The court ruled that the provision was not precluded.
O'Brien v Ministry of Justice  UKSC 46
Appeal against a decision by the Court of Appeal, upholding a judgment by the EAT which said that the Claimant, who had won the right under the Council Directive 97/81/EC and national law to a pension on terms equivalent to a comparable full-time judge, could only count the period from the year 2000 when calculating the amount of his pension, and not from the date he started in 1978. The Supreme Court unanimously decided to refer a question to the CJEU.
Walker v Innospec Limited and others  UKSC 47
Appeal against the dismissal of the Claimant's claim of discrimination. Appeal allowed.
Brexit & Employment Law: House of Commons Briefing
Paper produced by the House of Commons Library