Labour & European Law Review
08 February 2017
The government has concluded in its long-awaited review of the introduction of employment tribunal fees that they have not prevented people from bringing claims.
Although member states can restrict the concept of “worker” under national law, the Court of Justice of the European Union (CJEU) has held in Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, that with regard to temporary workers, the critical issue is whether they are in an “employment relationship” under the temporary work agency directive.
Under section 15 of the Equality Act 2010, it is discriminatory for an employer to treat a worker unfavourably “because of something arising in consequence of [their] disability” unless the employer can justify it.