Mangold v Helm 2005

Standard

ECJ

He was a 56 year old Gemrna man employed in a full time permanent job

His government introduced a new law.  Employment Promotion Act. 2 year fixed term contracts became normal. This could be varied if objectively justified. The idea was to promote employment

this protection was removed if the employee was over 60. that was then cut to 52

Mangold said this was age discrimination

The ECJ found for Mangold. Age discrimination is usually notallowed. USUALLY – there may be exception circumstances when it is allowed.

National courts must set aside national laws that offend the principle of banning age discrimination. They should do this even before the period for the implemention of the relevant directive has expired.

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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