Edited by Paula Giliker
Chapter 8: Employment law
This chapter explores how EU employment law encourages and/or imposes the development of new remedies for non-contractual liability at a national level. Such developments are not straightforward. Employment law predominantly focuses on the employment relationship, and legal duties and rights of the employees and employers are often implied in the employment contract. Moreover, European Union (EU) directives on employment law do not always safeguard the existence of specific remedies, if they address remedies at all. Nevertheless, the Court of Justice of the European Union (CJEU) interpretation of primary as well secondary EU law affecting employment and labour rights has forced national courts to re-evaluate the existing national remedies and national approaches towards non-contractual liability, (statutory) torts, and the law on delict. The chapter demonstrates this by analysing the effect of two distinct areas of EU employment law on the development of remedies of non-contractual liability, free movement rights and non-discrimination law, and the national responses in Sweden, Germany and the United Kingdom.
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