Topic: Europe

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

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

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

Global Employment Law – “Intent to Resign”: The Real Risk Transforming Workplace #2

In the next in the Transforming Workplace global series we examine the looming “Intent to Resign” challenge facing businesses worldwide “Intent to Resign”: The Real Risk This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming workplace can be found here.… Continue reading

Global Employment Law: The “Great Resignation”: A Global Risk? Transforming Workplace – #1

By Jason Noakes and Jeff Landmann on March 28, 2022 Posted in Asia Pacific, Australia, Canada, China, Europe, France, General, Germany, Hong Kong, Italy, Latin America, Luxembourg, Middle East, North America, Poland, Singapore, South Africa, The Netherlands, UK, United States

With the global change in the way we work seen as a key element of the new “business as usual”, our Transforming Workplace global series examines the global perspectives of the opportunities, challenges and risks of this new transforming workplace. In the first in this series we examine the concept of the “Great Resignation”. The … Continue reading

UK Pensions | Rethinking Notifiable Events

By Lesley Browning on March 17, 2022 Posted in UK

Given that April 6, 2022 was the date set out in the new draft notifiable events regulations it seems distinctly odd that there has been complete silence since the consultation closed last October. I am hoping the silence is down to legislators having a long hard think about whether the drafting is fit for purpose … Continue reading

Steps for Employers after the ending of COVID-19 restrictions

By Amanda Sanders (UK) on February 28, 2022 Posted in Coronavirus, UK

On 21 February 2022, the UK Government announced its plan to end remaining COVID-19 restrictions in England. These include, from 24 February, the removal of the legal requirement to self-isolate following a positive test; and the requirement to wear face-coverings in public spaces and on public transport; and, from 1 April, the withdrawal of free … Continue reading

All Change for Right to Work Checks

By Aida Geragusian on February 28, 2022 Posted in General, UK

The Home Office has released updated guidance on right to work checks, to reflect changes which are due to come into effect, from 6 April 2022. Rights to work checks From 6 April, employers will no longer be able to carry out manual right to work checks for employees/candidates who are biometric card holders. Instead … Continue reading

UK Pensions: Maximising your chances of recovering accidental overpayments: the state of play

By Julia Chirnside on February 24, 2022 Posted in UK

2021 saw a number of Pensions Ombudsman decisions on reclaiming overpaid benefits. The direction of travel was decidedly member-friendly. I’m left wondering what schemes can do to improve the odds of being able to recover excess payments. What can stop a scheme from reclaiming overpayments? If benefits are overpaid, the starting point is that trustees … Continue reading

Act on gender diversity in boards

By Annette van Beers on February 22, 2022 Posted in Europe, General, The Netherlands

On 1 January 2022, a new Act on gender diversity in boards of Dutch companies has entered into force. The Act provides for quotas to apply to supervisory boards and non-executive directors of Dutch companies listed on Euronext Amsterdam (AEX). In addition, large Dutch companies (as defined below) have to adopt appropriate and ambitious targets … Continue reading

What is a workers right to claim holiday pay?

By Amanda Sanders (UK) on February 7, 2022 Posted in General, UK

The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid … Continue reading

What to expect in employment law in Germany in 2022

By Frank Weberndörfer and Claudia Posluschny on January 31, 2022 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

What to expect in employment law in England in 2022

By Amanda Sanders (UK) on January 13, 2022 Posted in General, UK

Although the start of 2022 continues to be dominated by the COVID-19 pandemic, it is hoped that 2022 may see the introduction of some of the legislative developments, which were delayed or postponed since 2019. This blog post looks at what changes employers can expect in relation to employment law this year, and what steps … Continue reading

UK Pensions: The road to compliance is paved with good intentions… and practical problems

By Lesley Browning on January 13, 2022 Posted in UK

I read with interest the blog post by Nicola Parish, TPR’s Executive Director of Frontline Regulation, on December 8, 2021, where she warned trustees of DB schemes to be vigilant in the current economic climate. Nicola emphasised the need for strong, open relationships with employers and I think she is spot on with that comment. … Continue reading

Practical Tips for Managing Immigration Matters in the Cycle of a Corporate Transaction

By Aida Geragusian on January 10, 2022 Posted in General, UK, Uncategorized

Corporate transactions can uncover a number of immigration considerations, particularly if the buyer, seller, or target company, or any entity involved in the transaction, has a sponsor licence. Even without the complexities of a sponsor licence and the duties of the company, immigration issues can arise relating to the prevention of illegal working. Quite often … Continue reading

Temporary changes to self-certification for statutory sick pay

By Amanda Sanders (UK) on December 21, 2021 Posted in Coronavirus, UK

On 17 December 2021, The Statutory Sick Pay (Medical Evidence) Regulations 2021 came into force. The regulations temporarily extend the period that employees can self-certify to 28 days. Generally employees who are absent from work due to a period of sickness absence can self-certify for the absence for any period of up to seven days. … Continue reading

Stricter rules on compensation for data protection violations?

By Frank Weberndörfer and Claudia Posluschny on December 16, 2021 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

Temporary law to broaden the use of coronavirus entry passes

By Annette van Beers on December 16, 2021 Posted in Coronavirus, The Netherlands

The use of the coronavirus entry pass in the workplace Pursuant to a temporary law the Dutch government wants to enable the use of the coronavirus entry pass (coronatoegangsbewijs, or ctb) at the workplace in certain sectors. The bill will be debated by the House of Representatives on January 5, 2022. The first version of … Continue reading

Administrator can be liable for failure to notify of collective redundancies

By Amanda Sanders (UK) on December 9, 2021 Posted in General, UK

In a recent case, the Court held that a prosecution can be brought against an administrator if they are held to be conniving in the failure of the employer to notify the Secretary of State of collective redundancies. The Court also held that the English Court had jurisdiction to hear the claim notwithstanding that the … Continue reading

Short-time work: Proportionate vacation reduction permissible

By Frank Weberndörfer and Claudia Posluschny on December 7, 2021 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

UK Pensions: Should the Pensions Regulator provide clearer guidance on when it might use its new enforcement powers?

By Graeme Tricker on November 26, 2021 Posted in UK

It was great to attend “in person” the Association of Pension Lawyers annual conference in Brighton last week. A speaker suggested it would be helpful if the Pensions Regulator were to provide clearer guidance on when it might use its new enforcement powers, in particular by giving more specific examples and thresholds. I can see … Continue reading

Stricter COVID-19 rules at German workplaces

By Frank Weberndörfer and Claudia Posluschny on November 24, 2021 Posted in Coronavirus, Data privacy and GDPR, Europe, Germany

In Germany the “Epidemic Situation of National Significance” ends on November 25, 2021. As a result, the German legislature has amended several COVID-19 related laws, such as the German Infection Protection Act (Infektionsschutzgesetz – IfSG), in order to continue certain protective measures. The amended regulations (BT-Drs. 20/15 and BT-Drs. 20/78) aim to provide for a … Continue reading

UK Pensions: Transfer processes – urgent action required before November 30, 2021, deadline

By Julia Chirnside on November 12, 2021 Posted in UK

The DWP has now finalised its new rules about statutory pensions transfers. The new rules place statutory obligations on trustees to examine most transfers in greater detail and give trustees significantly greater scope to say no to a member request to transfer their pension to another pension scheme. This is if they decide that certain … Continue reading

The right of substitution in worker status cases.

By Amanda Sanders (UK) on November 11, 2021 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

Disciplinary procedure: a preliminary meeting may be necessary before issuing an official written warning to an employee

By Laure Joncour on November 8, 2021 Posted in Europe, France, General

Disciplinary procedures are strictly regulated under French employment law. However, when an employer issues an official written warning to an employee because he has committed an act of misconduct, the employer can, in principle, be less formal. Unless the Collective Bargaining Agreement applicable to the company sets out any specific obligation, it is sufficient for … Continue reading