Labour & European Law Review
14 November 2018
Following criticisms about the enforcement powers of the Equality and Human Rights Commission, the Women and Equalities Select Committee now wants to know what more needs to be done to achieve compliance with the Equality Act.
Under European law, religious organisations and those with an ethos based on religion or belief can require their employees to be loyal to the organisation’s ethos. In IR v JQ, the Court of Justice of the European Union held that the requirement to uphold the relevant ethos or belief had to constitute a “genuine, legitimate and justified occupational requirement”.
In Bichat and ors v Aviation Passage Service Berlin, the Court of Justice of the European Union (CJEU) held that the collective redundancies directive applies to all undertakings that exercise a “decisive influence” in an employer’s decision-making bodies. As a result, the undertaking can compel that employer to contemplate or plan for collective redundancies.