Topic: Europe

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New fast track visa to cement the UK as a science superpower

The Home Office has announced a new fast-track immigration offer for individuals with skills in science, technology, engineering and mathematics (STEM) subjects. The scheme will provide a three-year visa, during which the individual can come and go from the UK at will. Following the three year period, those on the scheme can apply for indefinite … Continue reading

UK Pensions – is the current annual allowance limit unfair and unworkable?

UK Pensions – is the current annual allowance limit unfair and unworkable?  The Revenue has been forced, finally, to face up to the fact that the annual allowance changes in relation to pensions contributions which attract tax relief, and which were brought into force in April 2016, are unfair and unworkable. The Treasury announced on … Continue reading

Good Work Plan: Government issues further response and consultation to support families and pregnant women

As part of its Good Work Plan, the UK Government has recently published a response and a consultation paper on proposals which will protect and support families and pregnant women. The first Government paper considers extending redundancy protection for women and new parents.  The second consultation looks at various proposals to support families, including a … Continue reading

UK Pensions: Regulator ramps up “green” investment guidance for revised SIPs

New guidance from the Pensions Regulator reflects recent legislative changes requiring trustees of occupational pension schemes to set out their policies on environmental, social and governance (ESG) issues which may influence their investment decisions. The new law From 1 October 2019, changes apply governing the way pension schemes prepare and revise their investment disclosure documents, including … Continue reading

Alcohol at work: can the employer apply a zero tolerance policy?

A decision of the Supreme Administrative Court (“Conseil d’Etat”) of 8th July 2019 has overruled the decision of a work inspector (“inspecteur du travail”) who had rejected a zero tolerance policy regarding the consumption of alcohol during working hours for certain classes of employees in a company. The case concerned a company specializing in the … Continue reading

Managing German labour migration: The new “Skilled Immigration Act”

The German Bundesrat recently approved a long-awaited and controversially debated immigration legislation, implementing several European directives dating back more than ten years. The “Skilled Immigration Act (“Fachkräfteeinwanderungsgesetz”) intends to attract qualified professionals from around the world. Further, the Act aims to improve labour market efficiency, prevent skill shortages and offset regional imbalances in order to … Continue reading

Plafonnement des dommages intérêts en cas de licenciement injustifié : la rébellion se poursuit

La Cour de cassation vient de déclarer conforme aux engagements internationaux de la France, le « barème Macron » qui plafonne les indemnités attribuées par un juge en cas de licenciement sans cause réelle et sérieuse. Avant l’entrée en vigueur du « barème Macron », en cas de licenciement sans cause réelle et sérieuse , il appartenait au juge de fixer … Continue reading

In its first decision on restrictive covenants in more than a century, the UK Supreme Court upholds a 6-month non-compete covenant adopting the more liberal approach to the rules of severance

In the case of Tillman v Egon Zehnder Ltd [2019] UKSC 32, the Supreme Court has upheld a 6-month non-compete covenant, adopting the more liberal approach to the rules of severance. The Court ruled that on its proper construction, the covenant was unreasonably wide in that it restrained the employee from holding a minority shareholding … Continue reading

Migration Advisory Committee asked to review salary threshold by UK Government

The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021. As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 – … Continue reading

The strict conditions that must be complied with to pay variable remuneration in France

Whilst an employer is perfectly free to offer variable remuneration to an employee, the validity of such remuneration is subject to compliance with a number of conditions developed by the courts, as follows: – the variation of the remuneration must be based on objectives or targets the accomplishment of which are independent from the employer’s … Continue reading

UK Pensions: Are you sure you’re not a Professional Trustee?

If you are a pension scheme trustee, there is a risk that you might be considered a professional trustee without realising, and be subject to new standards for professional trustees that were published earlier this year. A new system of accreditation for professional trustees is also being introduced. Am I a professional trustee? A professional … Continue reading

Treatment of Gig Economy workers in Italy

With another summer approaching, the political and legislative debate concerning the need to update and/or clarify employment laws in Italy relating to Gig Economy workers (See Blog post of July 20 2018)  is still hot. In 2018, six people who worked for a food delivery company claimed, before the Court of Turin, that they should … Continue reading

Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.

In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced … Continue reading

The Balanced Labour Market Act (Wet arbeidsmarkt in balans: WAB) – expected to come into force January 1, 2020

Today the Dutch Senate voted in favour of the legislative proposal. The WAB is therefore likely to enter into force on 1 January 2020. The effect for employers The proposed changes to the current Dutch Labour and Employment Laws are expected to have an impact on many types of employment contracts. The main principle of … Continue reading

UK Pensions Regulator: a new rule-making ability?

On 16 May 2019, the Department for Work and Pensions (DWP) published a periodic, government-conducted review which examines the continuing need, efficiency and good governance of the Pensions Regulator (TPR). This tailored review was conducted between August and November 2018 and led by Jamey Johnson, the former Chief Officer for Pension Wise (which is now … Continue reading

EuGH fordert systematische Arbeitszeiterfassung

Unternehmen in der Europäischen Union sollen künftig dazu verpflichtet sein, ein System zur Erfassung der täglichen effektiven Arbeitszeit ihrer Arbeitnehmer einzuführen. Der Europäische Gerichtshof (EuGH) entschied in einem Urteil vom 14.05.2019, dass alle Mitgliedstaaten von Arbeitgebern einfordern müssen, „ein objektives, verlässliches und zugängliches System einzurichten, mit dem die von einem jeden Arbeitnehmer geleistete tägliche Arbeitszeit … Continue reading

BIC UK Ltd v Burgess [2019] – employer appeal successful: retrospective amendment re-wrote history to an impermissible extent

BIC UK Ltd v Burgess [2019] – employer appeal successful: retrospective amendment re-wrote history to an impermissible extent The Court of Appeal (CA) has unanimously ruled that a retrospective amendment to the deed and rules of the BIC UK Pension Scheme (the Scheme) was invalid. Last year, the High Court had ruled that whilst the … Continue reading

UK pensions: Does an employer have a duty to advise a dying employee on the implications of taking ill-health benefits early?

The smooth operation of a pension scheme depends on an efficient flow of information between the employer and the member. Frequently, the Pensions Ombudsman is asked to consider scheme trustees’ and employers’ duties on providing benefit information to members. Where the law is silent, this can be a tricky area to navigate and considerable uncertainty … Continue reading

Ethnicity pay gap reporting in the UK

As reported in an earlier post, the UK Government introduced mandatory gender pay gap reporting in 2017. An independent review conducted in 2017, Race in the workplace, made a number of recommendations for removing the barriers to workplace progression faced by ethnic minorities including the introduction of mandatory reporting of ethnicity pay data. At that … Continue reading

Loi Pacte : Que faut-il en attendre dans les relations employeurs / salariés ?

La loi « Pacte » (Loi relative à la croissance et la transformation des entreprises) a été adoptée en lecture définitive par l’Assemblée Nationale le 11 avril dernier, après de longs mois de débats devant l’Assemblée Nationale et le Sénat. Elle a fait l’objet d’un recours devant le Conseil Constitutionnel, saisi le 16 avril dernier. Les commentaires … Continue reading
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