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| European Union directive | |
 | |
| Title | Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation |
|---|---|
| Made by | European Parliament and Council |
| Made under | Art. 13 TEC |
| Journal reference | L204 |
| Current legislation | |
Equal Treatment Directive 2006 (2006/54/EC) is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law.
Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination. The Equal Treatment Directive 2006/54/EC is a consolidation of previous Directives in this area, notably, the Directive 76/207/EEC, which was amended by Directive 2002/73/EC.
The Equal Pay Act 1970 was an act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It has now been mostly superseded by part 5, chapter 3 of the Equality Act 2010.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this directive complements other directives on gender and age, disability, religion and sexual orientation.
The Equality Framework Directive2000/78/EC is an EU Directive, and a major part of EU labour law which aims to combat discrimination on grounds of disability, sexual orientation, religion or belief and age in the workplace. It accompanies the Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin and the Directive 2006/54/EC on equal treatment of men and women in matters of employment and occupation.
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.
The Equal Treatment Directive 76/207/EEC was a directive that applied in the European Union until 2009, when it was repealed by Directive 2006/54/EC.
The Agency Workers Regulations 2010 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work. It gives effect in UK law to the European Union's Temporary and Agency Workers Directive.
Directive 89/391/EEC is a European Union directive with the objective to introducing measures to encourage improvements in the safety and health of workers at work. It is described as a "Framework Directive" for occupational safety and health (OSH) by the European Agency for Safety and Health at Work.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.
Foster v British Gas plc (1990) C-188/89 is a leading EU law concerning the definition of the "state", for the purpose of determining which organisations in the private or public sector can be regarded as an organ of the state. The ECJ held a state is any manifestation or organisation under control of a central government.
Employment discrimination law in the European Union comprises two directives. The directives were agreed by all EU member states in 2000. Each member state was then obliged to incorporate these new laws into their national legislation. The European Parliament Committee on Employment and Social Affairs is responsible for oversight.
Kalanke v Freie Hansestadt Bremen (1995) C-450/93 is a German and EU labour law case, concerning positive action. It was qualified in Marschall v Land Nordrhein Westfalen (1997) C-409/95.
The Temporary Agency Work Directive2008/104/EC is an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the European Union's employment law package to protect atypical working. Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008.
P v S and Cornwall County Council was a landmark case of the European Court of Justice (ECJ) which extended the scope of sex equality to discrimination against transsexuals.
Von Colson v Land Nordrhein-Westfalen (1984) Case 14/83 is an EU law case, concerning the conflict of law between a national legal system and European Union law.
Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 is an EU law case, concerning the conflict of law between a national legal system and European Union law.
R v Secretary of State for Employment [1995] 1 AC 1 is a UK constitutional law case, concerning judicial review.
In EU law, reverse discrimination occurs when the national law of a member state of the European Union provides for less favourable treatment of its citizens or domestic products than other EU citizens/goods under EU law. Since the creation of the Single Market, the right of EU citizens to move freely within the EU with their families. The right to free movement was codified in EU Directive 2004/38/EC which applies across the whole EEA. However, reverse discrimination is permitted in EU law because of the legal principle of subsidiarity, i.e. EU law is not applicable in situations purely internal to one member state. This rule of purely internal situation does not apply if the EU citizens can provide a cross-border link, e.g. by travel or by holding dual EU citizenship. EU citizens and their families have an automatic right of entry and residence in all EU countries except their own, with exceptions created by a cross-EU state border link. For example, an Irish citizen living in Germany with his family before returning to Ireland can apply for EU family rights. This is referred to as the Surinder Singh route. The cross-border dimension has been the focus of many court cases in recent years, from McCarthy to Zambrano.
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