Employment News — 15 April 2013
Hogan Lovells has released the latest edition of Employment News, dated 15 April 2013. Key topics include women on boards, whistleblowing and the definition of disability.
In the joined cases of Ring and Skouboe Werge the European Court of Justice has answered questions on disability discrimination referred by a Danish court, concluding that the inability to work full time because of health can, by itself, indicate that an individual has a disability for the purposes of discrimination legislation.
Danish law allows an employer to terminate an employment contract with a reduced one month notice period if the employee has been on paid sick leave for 120 days during the previous 12 months. Danish trade union brought actions on behalf of Ms Ring and Ms Skouboe Werge, who were dismissed under this provision, claiming that because they were suffering from a disability (Ms Ring had whiplash and Ms Skouboe a back disorder and osteoarthritis), the short notice period could not apply to them; and, in addition, their employers were required to offer them a reduction in working hours…
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