January 27
2022
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Trajan Shipley
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11th November 2021
Employment & Immigration Human Rights

AG Rantos: employers must accommodate trainee workers who have become disabled unless it imposes a disproportionate burden

Advocate General Rantos delivered his Opinion in HR Rail (C-485/20), a case concerning the obligations of employers towards trainee workers who have become disabled and are not capable of carrying out their previous job.

In the case at issue, a maintenance technician specialising in track maintenance in public limited company HR Rail was diagnosed with a heart problem which required the fitting of a pacemaker, a device that is sensitive to the electromagnetic fields emitted by the railways. As a consequence, he was legally recognised as disabled and HR Rail declared him definitively unfit to perform his duties, following which he was dismissed.

The Belgian Conseil d’État referred a question for a preliminary ruling on wheth

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