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24 July 2008
Issue: 7331 / Categories: Case law , Discrimination , Law digest
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DISCRIMINATION

Centrum voor gelijkheid van kansen en voor racismbestrijding v Firma Feryn NV (Case C-54/07) [2008] All ER (D) 139 (Jul)

The fact that an employer states publicly that it will not recruit employees of a certain ethnic or racial origin constitutes direct discrimination in respect of recruitment within the meaning of Art 2(2)(a) of Council Directive 2000/43/EC and is sufficient for a presumption of the existence of a recruitment policy which is directly discriminatory within the meaning of Art 8(1) of the Directive. This is so even if no particular complainant could be identified.

It is for the employer to prove that there was no breach of the principle of equal treatment. The employer can do so by showing that the undertaking’s actual recruitment practice does not correspond to those statements; it is then for the national court to verify that the facts alleged are established and to assess the sufficiency of the evidence submitted in support of the employer’s contentions that it has not breached the principle of equal treatment. Under Art 15 of the Directive, effective sanctions are required even where there is no identifiable victim.

Issue: 7331 / Categories: Case law , Discrimination , Law digest
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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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