EU Developments

A German law which set a maximum retirement age of 68 for dentists working in the German national health service was not discriminatory on the grounds of age. The age limit was objectively and reasonably justified as a proportionate means of achieving the legitimate aim of providing employment opportunities for younger dentists in situations where there was an excessive number of dentists or there was a real risk of this occurring.

A German law restricting applications to join the fire service to those aged under 30 was a legitimate employment policy and could also be defended as a genuine occupational requirement.

The government is consulting on regulations which will implement to revised European Works Council Directive.

The Pregnant Workers Directive does not require that a pregnant employee who is temporarily transferred to another job on health and safety grounds is paid the same as she received before the transfer.

The European Court of Justice (ECJ) has held that the EU framework agreement on parental leave entitles workers dismissed without the statutory period of notice while on part-time parental leave, to be paid compensation based on their ordinary full-time salary rather than their reduced salary received while on parental leave.