Judgment protection against termination of chronically ill

Court verdict protects chronically ill people from dismissals

12/04/2013

The European Court of Justice (ECJ) in Luxembourg has ruled that people who often can not work because of illness may be protected as disabled from dismissal.

No discrimination due to disability
The judgment of the European Court of Justice published on Thursday will make it possible for chronically ill people in the future to recognize their condition as a disability (ref C-335/11 and ref. C-337/11). The judges found that a curable or incurable illness involving physical, mental or psychological limitations could be equated with disability. This results in a special protection against dismissal because under EU law no employee may be disadvantaged because of a disability.

„Shortened notice period“ in Denmark
A Danish court had called the highest EU judges so they could judge whether they were in Denmark for a month „shortened notice period“ be legal. Under this scheme, workers who have been out of work for more than 120 working days within 12 months can be fired within one month. A disability does not mean the complete exclusion from professional life, the ECJ found. It had to be decided by the national court whether there was a disability. Working time reduction could be one „appropriate and appropriate precautionary measure“ to be in front of a termination. Whether this can be expected of the employer, must be decided in individual cases. Because disabled people were at particular risk of falling ill, they could be disadvantaged by the shorter notice period. The Danish court must examine whether it is actually a disadvantage.

Better protection for multiple sclerosis and back problems
Christine Lüders, the head of the Federal Anti-Discrimination Agency, points out that the verdict is a pointer to the German legislator. In some cases, chronically ill patients may in the future have their illness recognized as a disability and thus also fall under the protection of discrimination. Chronic diseases have not been explicitly mentioned in the General Equal Treatment Act (AGG). For example, the new ruling could allow workers with multiple sclerosis or painful back problems to claim for shorter working hours and further protection. (Ad)

Picture: HHS