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UK Employment law changes April 2019

Despite Brexit dominating the headlines there are several key changes to employment law coming into force in April 2019. Extension of itemised pay statements to workers, not just employees – 6 April 2019   Currently, only employees are required to be given an itemised pay statement. From 6 April the Employment Rights Act (Itemised Pay … Continue reading

German court: Protection of whistle-blower confidentiality does not generally override the data subject access right

On the scope of subject access requests under the EU General Data Protection Regulation (GRPR) in the context of compliance and whistle-blowing regimes, the Regional Labour Court (Landesarbeitsgericht) of Stuttgart decided that an employer was required not only to provide an employee with the records containing performance and behavioural data, but also to disclose information … Continue reading

What to expect in 2019

Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months. The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some … Continue reading

Key developments expected for 2019

At the beginning of 2019, some important key changes to German labor law came into force. In particular, there were significant changes to the Part-Time and Fixed-Term Work Act, which are described in more detail in the following article. On 1 January 2019, section 9a was newly inserted into the Part-Time Work and Fixed-Term Employment … Continue reading

Religious discrimination claim – whose religion?

The Employment Appeal Tribunal (EAT) has held that where an employer (or individuals on behalf of the employer) acts because of their own religion or belief, this may not lead to an employee bringing a successful claim for direct discrimination on grounds of religion or belief. The EAT upheld the employer’s appeal, overturning the Employment … Continue reading

Fairness als neue Arbeitgeberpflicht

Arbeitgeber sehen sich in Deutschland mit einer neuen Rechtspflicht konfrontiert: Laut Bundesarbeitsgericht müssen Verträge mit Arbeitnehmern „fair verhandelt“ werden, um wirksam zu sein. Im entschiedenen Fall hatte eine Reinigungskraft in ihrer Privatwohnung einen Aufhebungsvertrag mit ihrem Arbeitgeber abgeschlossen – darin wurde die sofortige Beendigung ihres Arbeitsverhältnisses ohne Zahlung einer Abfindung vereinbart. Im Nachhinein focht die … Continue reading

Generalanwalt am EuGH fordert allgemeine Arbeitszeiterfassung

Nach den Schlussanträgen des Generalanwalts am Europäischen Gerichtshof (EuGH) sollen Unternehmen künftig verpflichtet sein, ein System zur Erfassung der täglichen Arbeitszeit ihrer Mitarbeiter einzuführen (Schlussanträge v. 31.01.2019, Az. C-55/18). Die dabei gemeinte Arbeitszeit umfasst den Zeitraum der tatsächlichen Verrichtung der Arbeitsleistung ohne Ruhepausen. Schon jetzt müssen Unternehmen aufgrund des Arbeitszeitgesetzes jede Arbeitszeit erfassen, die die … Continue reading

The beginning of a revolution (by the French lower courts) ?

French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations. One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting … Continue reading

More uncertainty follows the Italian Constitutional Court’s partial repeal of the Jobs Act

Thanks to the passage of the Dignity Decree by the Italian Parliament last summer and the recent decision of Italy’s Constitutional Court, the employment law regime in Italy has changed direction. The problem is that the direction it has taken is uncertain, creating concern both for employers and employees. The current situation is that parts … Continue reading

What happens a firm’s internal regulations following a TUPE transfer ?

Under French employment law, the application of TUPE regulations triggers specific consequences not only with regard to an employee’s employment contract, which is transferred automatically by operation of law, but also on the employees’ collective status. In this respect, a recent decision of the French Supreme Court has specified what happens to a company’s internal … Continue reading

The immigration white paper – what will it mean for the UK’s future immigration system?

The UK Government has now published the White Paper on the future immigration system for the UK after it leaves the EU. It has confirmed, following many of the recommendations by the Migration Advisory Committee (MAC), that it will adopt a new single skills-based immigration system from 1 January 2021.  The new system will put … Continue reading

Claim by track cyclist Jess Varnish to be heard in the employment tribunal next week

Track cyclist Jess Varnish brought a claim of sex discrimination against British Cycling and UK Sport last year, following her removal from the Great Britain Olympic team just months before the 2016 Rio Games. In the UK, protection from discrimination in the workplace is governed by the Equality Act 2010 (the Act). However, in order … Continue reading

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of employee to … Continue reading

Employees on Long term sickness – when can an employer dismiss?

The Employment Appeal Tribunal (EAT) has recently confirmed that employers should take care when dismissing an employee who is entitled to participate in a permanent health insurance (PHI) scheme and is absent from work by reason of long term ill health. It held that there is an implied term that an employer will not dismiss … Continue reading

Do managers typically think of personal liability when making decisions to dismiss? They perhaps should

Directors and senior managers and their employers should consider the recent Court of Appeal decision in the Osipov whistleblowing case very carefully. Briefly, by way of scene-setting, Osipov had made a series of protected disclosures and he was ultimately dismissed as CEO of the employer company pursuant to a decision of two non-executive directors (NEDS) … Continue reading

Vicarious liability in the data breach context – bad news for UK employers

The Court of Appeal has upheld a decision of the High Court holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

Employee rights on bereavement

In the UK, compassionate leave for employees in the event of bereavement has until now been dealt with by way of employment policies. There have been no specific legal rights on bereavement, whether in relation to the death of a family member or anyone else close to the employee. Any rights which they have to … Continue reading

Dismissal for misconduct cannot be based (solely) on anonymous reports

Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander. This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to … Continue reading
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