Dismissal of transsexual prohibited by Community law

Article Abstract:

The European Court of Justice's (EJC) 1995 decision on dismissal of transsexual employees held the EC Equal Treatment Directive bars dismissals based on discrimination due to gender reassignment. Transsexuals can claim discrimination if they are treated differently than others of the sex to which they originally belonged, according to the ECJ. The Court's reasoning, which compares the dismissed employee with heterosexuals of the same sex, may be useful in determining unlawful sex discrimination claims involving gays.

Transsexuals, European Community

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Variation effective if employees 'accept' dismissal

Article Abstract:

EAT held that transfer-related dismissed employees can validate otherwise unfair employment terms under the Transfer of Undertakings Regulations 1981 when the employees assent to under the terms. Employees are permitted to receive compensation for the dismissal and such compensation entirely redeems the employees' rights under previous contracts. EAT's decision introduced a new, arguable interpretation of the Act's terms.

Laws, regulations and rules, Workers

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Clause providing for wrongful dismissal is unreasonable

Article Abstract:

A 1996 UK High Court ruling holds restrictive covenants are not applicable where employees have been wrongfully dismissed. The Court refused to grant injunctions to a former employer who attempted to enforce the covenants and instead held unlawful termination clauses to be unreasonable. However, Judge Laws' reasoning in the case conflicts with other case law, so the matter remains unsettled.

Non-competition agreements, Noncompete agreements

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