Tag Archives: European Court of Justice

“Right to be forgotten” – Google’s obligations

The European Court of Justice (ECJ) has held that Google does not have to apply the right to erasure (or “right to be forgotten”) throughout the world.

The ECJ said that the right to erasure “cannot create rights beyond the boundaries of the EU”, so no obligation of global delisting could be imposed on Google.

This means that, although information may be required to be erased on Google.co.uk it may still be available on Google.com.

Video on newspaper website could fall under AVMS Directive

The ECJ has ruled that the concept of a programme within the Audiovisual Media Services Directive includes video under the sub-domain of a newspaper website.

The ruling of the ECJ differs from that of the Advocate General in his earlier opinion in the case, which was that neither the website of a daily newspaper containing audiovisual material nor any section of that website constitutes an audiovisual media service within the meaning of the Directive.

Newspaper and magazine website owners may want to reconsider the integration between any video sections of their site and the text-based sections in the light of this judgment.

Collective consultancy & redundancy update – good news!

This morning the European Court of Justice has confirmed that employers only need to collectively consult in redundancy situations where they propose to make redundant more than 20 people in any individual place.

This marks the end of the employment appeal tribunal’s earlier decision in which it held that collective consultancy would apply where any employer proposed to make redundant more than 20 people anywhere in its organisation.

Posted by: Clare Nicolaou Employment lawyer,  Novalex Solicitors

Obesity is a disability says UK tribunal

Posted by: Clare Nicolaou Employment lawyer,  Novalex Solicitors

There has been a lot in the press in the last few weeks about the European Court of Justice’s decision in the Danish child-minder case, in which it concluded that obesity could potentially be a disability that is protected from discrimination.

This has now been considered by a UK tribunal in Northern Ireland for the first time and they have found a claimant to be disabled due to his obesity. In this case the claimant resigned following a series of comments that colleagues had made to him about his weight and he succeeded in his claim of harassment because of his disability.

Whilst this may be the way of things to come in the future it is worth noting that being obese is not currently enough to qualify as a disability. The obesity must have caused some long term impairment in order to qualify.

In the Northern Ireland case the claimant suffered from gout, sleep apnoea and had difficulty in walking without crutches and it was these impairments that enabled his obesity to be labelled as a disability.

Collective consultation and redundancy – when it is required?

Posted by: Clare Nicolaou Employment lawyer,  Novalex Solicitors

There’s good news for employers this week.

Under UK law employers proposing to make more than 20 people redundant at one establishment within a 90 day period have to enter into collective consultation. This means the employer must consult with either its trade unions or elected representatives with a view to reaching agreement on its proposals.

However, in 2013 the Employment Appeal Tribunal put a spanner in the works during the cases collectively known as the Woolworths cases, which arose out of the insolvent administrations of Woolworths and Ethel Austin. They decided that the term ‘establishment’ could mean all of the employer’s establishments.

So, in a case where an employer had 40 shops across the UK and proposed redundancies in a number of them that would come to more than 20 in total, the collective consultation obligations would apply.

The cases were referred to the Advocate General, who has confirmed that in his opinion there is no requirement to look at the total number of establishments in which redundancies are being proposed.  It is enough just to take each establishment on its own.

It is worth noting that the Advocate General’s opinion is not binding and the European Court of Justice will now need to consider the matter and issue a judgment, but in most cases it has come to the same conclusion after the Advocate General has waded in to assist.

We will be watching this space in anticipation!