ARTICLE
19 October 2016

Ruling On Abusive Discrimination Claims Could Guide Jersey Cases

O
Ogier

Contributor

Ogier  logo
Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
An experienced lawyer who applied for a trainee position at an insurance firm purely to make an age discrimination claim has had his claim thrown out as an abuse of process.
Jersey Wealth Management

An experienced lawyer who applied for a trainee position at an insurance firm purely to make an age discrimination claim has had his claim thrown out as an abuse of process.

The Court of Justice of the European Union has turned down the claim in a move which could be persuasive on Jersey's Employment Tribunal, because the law in Germany – where the claim was first made – is based on the same EU Directive as the UK law. The Jersey discrimination law is heavily modelled on the UK law.

Ogier employment and discrimination lawyer Daniel Read said that the ruling by the EU court could influence the local tribunal if they were faced with what they thought was someone abusing the discrimination law by applying for a job they had no interest in, just to claim that they had been discriminated against.

The original case concerned Nils-Johannes Kratzer, who sued insurance firm R+V Allgemeine Versicherung AG when his application for a trainee position was turned down. The company said that they had advertised for a trainee, and that as a lawyer of 15 years' experience, Mr Kratzer was not a suitable candidate.

The EU court has held that Mr Kratzer was not serious about applying for the job, and that instead, he was simply applying to be able to claim the status of an applicant, and to be able to make a claim under German discrimination law. They ruled that his intentions meant that he could not claim the protection that a genuine job applicant has under the discrimination law.

Dan, a senior associate at Ogier, said: "It is a concern if people are abusing a law which was put in place for the serious purpose of protecting people from discrimination and being abused because of their gender, age, sexuality or race.

"Fortunately, we have seen little evidence of this in Jersey since the Discrimination (Jersey) Law 2013 came into force in September 2015.

"Although this is an EU court decision, it is one that the tribunal would be able to take account of in the event that a frivolous application for employment was made here, just to set up a claim under our discrimination legislation."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More