Topic: Contracts

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The criminal offence of failing to comply with collective redundancy notification requirements; can an administrator be guilty?  

Photo of Ben WrightBy Ben Wright on Posted in Contracts, UK
The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) imposes duties on employers who are proposing to dismiss at least 20 employees as redundant at one establishment within 90 days or less.  One such duty is to notify the Secretary of State at least 30 days before the first of those dismissals takes effect … Continue reading

Removal of the bankers’ bonus cap

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, General, UK
With effect from 31 October 2023 the “bonus cap”, which previously limited the variable remuneration of certain bank staff to 100% of their fixed pay (or 200% with shareholder approval) has been abolished. The FCA and PRA in their consultation paper on this change highlighted that the removal of the cap is intended to help … Continue reading

Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions. In this case, … Continue reading

“Quiet quitting” has been included in Collins Dictionary’s top 10 words of the year for 2022 – but what is it?

Global Workplace InsiderBy Safwan Afridi on Posted in Contracts, UK
For most, a contract of employment (or similar written terms of employment) and job description will set out the terms and conditions of the working relationship with their employer.  Among other things, it will include the individual’s contractual hours of work and may include the scope of their duties.  So what is the issue if … Continue reading

Part Year workers holiday not pro-rated

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
The UK Supreme Court has unanimously dismissed the appeal in the case of Harpur Trust v Brazel which considered the holiday entitlement of those workers who are on permanent contracts but only work for part of the year (part year workers). The claimant was a part-time music teacher who worked variable number of hours during … Continue reading

Necessary contents of employment contracts – change in law as of August 1, 2022

Photo of Frank WeberndörferPhoto of Claudia PosluschnyBy Frank Weberndörfer and Claudia Posluschny on Posted in Contracts, Europe, Germany
The “Act on Proof of the Existence of an Employment Relationship” (Nachweisgesetz – NachwG) requires employers to set out the essential contractual terms of the employment in writing to their employees. The German legislature has now passed an amendment to the Nachweisgesetz, which comes into force on August 1, 2022, and has the effect of … Continue reading

Global Employment Law: What do your employees want and need? Transforming Workplace #4

Photo of Jason NoakesPhoto of Jeff LandmannBy Jason Noakes and Jeff Landmann on Posted in Asia Pacific, Australia, Canada, China, Colombia, Contracts, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela
During the pandemic, employees rethought their relationship with work.  Employees now seek roles that offer competitive remuneration with other benefits including flexibility, health, well-being and work-life balance.  Read more on this in our next article in the Transforming Workplace series. What do your employees want and need? This article is part of our Transforming Workplace … Continue reading

Global Employment Law: The “Great Enlightenment”: Why and how employees have rethought their relationship with work. Transforming Workplace #3

Photo of Jason NoakesPhoto of Jeff LandmannBy Jason Noakes and Jeff Landmann on Posted in Asia Pacific, Australia, Canada, China, Colombia, Contracts, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela
In the next in the Transforming Workplace global series we examine why and owe employees have rethought their relationship with work. The “Great Enlightenment”: Why and how employees have rethought their relationship with work This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, challenges and risk of the transforming workplace … Continue reading

What to expect in employment law in Germany in 2022

Photo of Frank WeberndörferPhoto of Claudia PosluschnyBy Frank Weberndörfer and Claudia Posluschny on Posted in Contracts, Coronavirus, Data privacy and GDPR, Europe, General, Germany, Whistleblowing
Legal innovations Amended regulations apply to this year’s works council elections taking place from March 1 to May 31, 2022. Pursuant to Section 24 (2) of the Election Regulations of October 8, 2021 (BGBl. I 4640/2021), HR departments are required to provide, in addition to the typical employee data used to draw up the electoral … Continue reading

Stricter rules on compensation for data protection violations?

Photo of Frank WeberndörferPhoto of Claudia PosluschnyBy Frank Weberndörfer and Claudia Posluschny on Posted in Contracts, Data privacy and GDPR, Europe, Germany
The correct handling of personal data requires special care by employers. The German Federal Labour Court (BAG, 26.08.2021 – 8 AZR 253/20 (A)) has referred essential questions to the European Court of Justice (ECJ) for clarification. The BAG’s decision, which, if confirmed by the ECJ, could now tighten the standard of due diligence and increase … Continue reading

Short-time work: Proportionate vacation reduction permissible

Photo of Frank WeberndörferPhoto of Claudia PosluschnyBy Frank Weberndörfer and Claudia Posluschny on Posted in Contracts, Europe, Germany
A recent decision by the German Federal Labour Court (BAG, 30.11.2021 – 9 AZR 225/11) will have significance for employers who have made use of short-time work. Individual working days which are lost due to short-time work, have to be taken into account when calculating annual leave. As a result, employees might have to adjust … Continue reading

The right of substitution in worker status cases.

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, General, UK
The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee.  Determining employment status is important for understanding the employment rights to which an individual is … Continue reading

UK Government Consultation on Flexible Working

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
On 23 September 2021, the UK Government launched a consultation on flexible working arrangements.  The consultation considers reforms to the existing flexible working regulations and is seeking views on proposals to ensure that the framework supports flexible working in all its forms. The consultation considers five areas for review: Making the right to request flexible … Continue reading

Germany: Exclusion clauses put to the test

Photo of Frank WeberndörferPhoto of Jörn TwisselmannBy Frank Weberndörfer and Jörn Twisselmann on Posted in Contracts, Europe, General, Germany
Regularly agreed in employment contracts, exclusion clauses shorten the statutory limitation period for claims arising in the employment relationship and ensure certainty between employer and employee especially with regards to claims that are years old. In a remarkable decision the German Federal Labour Court (BAG, 26.11.2020 – ref. 8 AZR 58/20) has fundamentally changed the … Continue reading

Is the failure to enhance shared parental leave pay discriminatory when adoption leave pay is enhanced?

Photo of Charlotte EmmersonBy Charlotte Emmerson on Posted in Contracts, General, UK
In the case of Price v Powys County Council, the Employment Appeal Tribunal have upheld the tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave. In the UK, Shared Parental Leave (SPL) provides flexibility for parents to take leave … Continue reading

The National Minimum Wage and care workers who sleep in: Supreme Court decision

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
The Supreme Court handed down its decision in the joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) which concern an employee’s right to the national minimum wage for periods of time when they are required to remain at home on their shift and/or residential … Continue reading

Supreme Court decision in Uber v Aslam

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
The Supreme Court has today handed down its decision in Uber BV and others v Aslam and others, upholding the Employment Tribunal decision that the drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and … Continue reading

L’accord national interprofessionnel du 26 novembre 2020 : « soft law » à la française

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Coronavirus, Europe, France, General
Le télétravail s’est largement développé en France au fil des années, et naturellement, ce mode de travail a été particulièrement utilisé, bon gré mal gré, par les entreprises au cours de l’année 2020, à la faveur de la crise sanitaire, et des recommandations (plus ou moins liantes) du Gouvernement. Les bases du télétravail ont été … Continue reading

Government consultation on reform of post-termination non-compete clauses in employment

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, UK
On 4 December 2020, the UK Government launched a consultation on reforming post-termination non-compete clauses in employment contracts. The consultation seeks views on proposals to require employers to pay employees for the period of the restriction; requiring employers to provide additional transparency by providing in writing the exact terms of the non-compete clause before their … Continue reading

The Financial compensation for a non-compete provision can be invalid if too high says the French Supreme Court!

Photo of Laure JoncourBy Laure Joncour on Posted in Contracts, Europe, France, General
In France, the rules governing post-termination, non-compete and/or non-solicitation clauses in employment contracts have been established through case law. Restrictive covenants in an employment contract are only considered enforceable by French courts if they meet the following criteria (which are cumulative) : – They do not extend beyond what is reasonably necessary to protect the … Continue reading
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