Project description
The following is a hypothetical situation. Your research should
only be addressed to the legal scenario described in this question.
Directive 2000/78/EC was adopted by the Council in 2000, and prohibits
discrimination in Article 1 in employment and occupation on the basis
of, inter alia, age. Article 3(4) permits Member States to prohibit the
application of the Directive to the armed forces in so far as it relates
to inter alia age. The Equality Act 2010 is the UK’s latest version of
non-discrimination law that fully transposes the Directive and provides
the Article 3(4) derogation on the basis of age for the armed forces.
Members of the armed forces are required to retire at the age of 55
years. In May 2012 the UK’s Court of Appeal interpreted the term “armed
forces” to include “private sector military contractors” and the case is
soon to be heard before the Supreme Court. These private sector
military contractors employ individuals in the UK under a UK employment
contract before deploying personnel to military flashpoints anywhere in
the world under a contract of service concluded with the Ministry of
Defence. Individuals are employed by and follow orders given to them by
the private sector military contractor. At no point is an employed
individual under the command and control of the Ministry of Defence. In
June 2012 the CJEU interpreted “armed forces” but did not consider if
the term included “private sector military contractors”.....Click here to get more on this essay.....
The European Parliament and Council adopted a Regulation in 2010,
Regulation 2010/666/EU (fictitious), with a legal base of Article
153(1)(a)TFEU (health and safety of workers), and setting out rules for
the working conditions of members of the armed forces. Article 3(1) of
the Regulation sets a maximum weight requirement to serve in the
military of 100 kg. The UK has implemented the Regulation in September
2012 in the Armed Forces (Weight Requirements) Regulations 2012 in which
the military was defined as “members of the armed forces and
individuals employed by private sector military contractors”. The weight
requirement was set at 90 kg as this was the standard used in French
and German legislation.....Click here to get more on this essay.....
Your client is employed by a private sector military contractor, is 53
years of age and has just received a letter giving one month’s notice of
termination of employment. Your client weighs 93 kg. Advise your client
on the following questions:
1. Looking at all relevant sources of EU law can your client rely on any cause of action in the UK courts under EU law?
2. Should the UK Supreme Court make a preliminary reference to the CJEU over the interpretation of the term “armed forces”?
3. The Supreme Court in January 2013 confirms the Court of Appeal’s
judgment. Can your client claim damages for the UK’s infringement of his
EU law rights under Directive 2000/78/EC and general principles?
4. How can your client challenge the adoption of Regulation 2010/666/EU in the CJEU and its validity before the domestic courts?
Click here to get more on this essay.....
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