This chapter focuses upon Article 49 TFEU and the Freedom of establishment and Article 56 TFEU and the freedom to provide services. The chapter explores the meaning and scope of the concepts including application to both natural and legal persons alongside an analysis of the content of rights afforded and the equal treatment provisions therein. Consideration is also given to derogations to the freedoms on the grounds of public policy, public security, and public health (Articles 52 and 62 TFEU) and the official authority exception within Articles 51 and 62 TFEU.
Chapter
7. Freedom of establishment and freedom to provide and receive services
Matthew J. Homewood and Clare Smith
Chapter
5. Discrimination at work, prohibited conduct, and enforcement
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.
