Social Policy

  • Created by: Emma13
  • Created on: 19-06-18 13:21
What did Birmingham City Council establish?
Not getting equal pay for women doing the same job was not justified by 'market forces'
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Why does EU enforce social policy?
Ensure EU is globally competitive, combat social dumping, reflects modern human rights
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What does Directive 2004/113 EC establish?
Provides for the principle of equal treatment between men and women in the access to and supply of goods and services
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What does Art 157 TFEU establish?
Each MS shall ensure that the principle of equal pay for male and female workers of equal value is applied
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What did 2006/54 Recast directive establish?
Equal pay/ equal treatment, underpinning all the legislation and case law is the general principle of equality and non discrimination
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How do you establish discrimination?
In order to establish discrimination you need to be a migrant worker ie moved to another MS
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What is sex discrimination?
Treating a person differently because of their gender. Gender equality covers pay and other conditions of employement
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What is pregnancy related discrimination?
Sex discrimination, covered by Directive 98/85 PD protection from dismissal and limited rights to maternity leave and pay
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What does the Recast Equal Treatment Directive say regarding pregancy?
Any less favourable treatment of a woman related to pregnancy or maternity amounts to discrimination. Art 15 - return from ML = right to return to equivalent post/conditions/benefits
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What does Grant and KB establish?
Sexual orientation is not within the scope of sex discrimination, covered by Discrimination Framework Directive 200/78 now
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What does Art 157(1)+(2) define pay as?
157(1) - equal pay for m/f workers for equal work/work of equal value 157(2) - pay = ordinary basic minimum wage/salary/ other considerations/ in cash/kind
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What does Art 157(2a) say?
Pay for the same work at pieces rate shall be calculated on the basis of the same unit measurement
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What does Art 157(2b) say?
Pay for work at time rates shall be the same for the same job
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What does Garland establish?
Pay includes consideration, whether immediate/future provided the worker receives it directly or indirectly in respect of his employment from his employer
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What does Defrenne establish?
Pay needs to be referable to employment
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Does Art 157 TFEU have direct effect?
Treaty artciles have vertical direct effect VGL and horizontal direct effect Defrenne
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Does the Recast Directive have direct effect?
Vertical direct effect only (VGL) (Van Duyn) (Marshall)
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What is direct discrimination and where is it defined?
Art 2(1)(1) Recast Equal Treatment Directive - where one person is treated less favourably on a ground of sex than another is, has been or would be treated in a comparable situation.
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What are the defences to direct discrimination?
Under Art 157(4) TFEU can have positive action and genuine occupation
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What does Art 3 Recast direct establish?
Positive action - MS may maintain/ adopt measures within the meaning of Art 11(4) TFEU with a view to ensuring full equality in practice between men and women in working life
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What does Art 14(2) Recast Direct establish?
Genuine Occupation - characteristics constitute a genuine and determining occupational requirement, provided that it's objective is legitimate and the requirement proportionate.
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What is indirect discrimination?
Art 2(1)(b) RD - An apparent neutral provision, criterion or practice which puts persons of one sex at a particular disadvantage compared with the other sex.
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Defences for indirect discrimination?
Provision, criterion or practice is objectively justified by a legitimate aim and means of achieving that aim are proportionate and necessary.
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What did Jenkins establish?
Meaning of IDD - suggest economic factors would prove acceptable justification. Is the requirement a way of reducing part time workers ?
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What did Bilka establish?
Guidelines as to what might constitute object justifications - 1. correspond to a genuine need of the enterprise 2. suitable for obtaining the objective pursued by enterprise 3. necessary to that purpose
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What did Barber and Kowalska establish?
Redundancy pay = pay
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What did Dekker establish?
Defusal to employ on basis of pregnancy = direct discrimination
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What did Pickstone establish?
Equal pay for equal work
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What did Marschall establish?
National provision giving priority to women ok as inc qualification that employer could appoint male if there were reasons
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What did Abrahamson establish?
If one sex's qualifications are less than the other, the underrepresented sex cant be appointed as this would be disproportionate
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Other cards in this set

Card 2


Why does EU enforce social policy?


Ensure EU is globally competitive, combat social dumping, reflects modern human rights

Card 3


What does Directive 2004/113 EC establish?


Preview of the front of card 3

Card 4


What does Art 157 TFEU establish?


Preview of the front of card 4

Card 5


What did 2006/54 Recast directive establish?


Preview of the front of card 5
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