Topic: Europe

UK Government Consultation on Flexible Working

By Amanda Sanders (UK) on September 27, 2021 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

Italy makes Green Pass mandatory for all workers

By Attilio Pavone on September 24, 2021 Posted in Coronavirus, Europe, Italy

On September 21 2021, Law Decree no. 127/2021 (Decree 127), providing “urgent measures to ensure the safe performance of public and private work,” was published in Italy’s Official Gazette. Decree 127 extends the scope of the mandatory Covid-19 Green Certification or “Green Pass” and strengthens the screening system. The Green Pass is a personal QR … Continue reading

The new German Works Council Modernization Act

By Frank Weberndörfer and Claudia Posluschny on September 21, 2021 Posted in Europe, General, Germany

The “Act to Promote Works Council Elections and Works Council Activities in a Digital Working World” (Betriebsrätemodernisierungsgesetz – Works Council Modernization Act) came into force on June 18, 2021. The Act is intended to facilitate the activities of works councils and to strengthen the co-determination rights of works councils with regard to the use of … Continue reading

UK Pensions: Pension scams and amber flags: is the future orange?

By Sabrina English on September 17, 2021 Posted in UK

In recent years, many defined benefit (DB) pension scheme members have taken advantage of the ability to transfer their DB pension pots out of their schemes, to be able to access their money in different and more flexible ways. In practice, this often means a transfer to a self-invested personal pension (SIPP). However, the industry … Continue reading

UK Pensions: SIPs for small schemes: law-making through the back door?

By Julia Chirnside on September 1, 2021 Posted in UK

Last week’s interim consultation response from the Pensions Regulator addressed a common concern about the “Funding and Investment” section of the draft single Code of Practice: it confirmed that it would drop its proposal for a 20% cap on unregulated investments. This is a point that we are aware had been troubling some larger pension … Continue reading

New Immigration Routes in New Innovation Strategy

By Charlotte Emmerson on August 4, 2021 Posted in General, UK

On 22 July, the UK Government published a UK Innovation Strategy which sets out the government’s vision to make the UK a global hub for innovation by 2035. As part of this strategy, the UK intends to make the UK the most exciting place for innovation and talent. This means introducing new visa routes and … Continue reading

Returning to the Workplace – Government Guidance for a Covid-safe working environment from July 19

By Amanda Sanders (UK) on July 15, 2021 Posted in Coronavirus, UK

The UK Government announced that it would be lifting many of the restrictions that applied from 19 July and entering into what it terms Step 4 of its roadmap. Part of Step 4 is that the government is no longer instructing people to work from home if they can and so employers can start to … Continue reading

UK Pensions: What’s TPR’s policy on policies?

By Julia Chirnside on July 7, 2021 Posted in UK

One thing that jumps out at you the more you read the Pensions Regulator’s draft single Code of Practice is that trustees are expected to have a LOT of policies. We can see the logic: to have an effective system of governance, proper processes need to be in place and trustees will need to think … Continue reading

Germany: Relief for COVID-19 occupational health and safety

By Frank Weberndörfer and Claudia Posluschny on July 1, 2021 Posted in Europe, General, Germany

Declining infection figures and progress in the COVID-19 vaccination programme has prompted the German Federal Government to adapt the “SARS-CoV-2 Occupational Health and Safety Ordinance” (Corona-ArbSchV) (the Ordinance). The new regulations will come into force on July 1, 2021.… Continue reading

UK Pensions: Don’t ‘do’ pensions? Think again…

By Claire O'Donnell and Julia Chirnside on June 25, 2021 Posted in UK

The Pensions Regulator has had a busy lockdown. While some details of its new enforcement powers under the Pension Schemes Act 2021 remain to be finalised, the need to consider the implications of those changes when conducting a wide spectrum of corporate transactions is clear. Merger and acquisition dealmakers, board members and others should be … Continue reading

Germany: Exclusion clauses put to the test

By Frank Weberndörfer and Jörn Twisselmann on June 24, 2021 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

Disciplinary actions and dismissals

By Paul Griffin (UK), Amanda Sanders (UK) and Joanna MacKenzie on June 11, 2021 Posted in UK

Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace. This article was originally published in PLC Magazine The PDF is available: Disciplinary actions and dismissals PDF… Continue reading

Hybrid working after COVID-19

By Joanna MacKenzie on June 11, 2021 Posted in UK

Joanna MacKenzie has written an article on hybrid working and issues that employers need to consider before implementing new ways of working. This article was originally published in PLC Magazine The PDF is available: Hybrid working after COVID-19 PDF… Continue reading

“Long Covid” and the implications for employers

By Joanna MacKenzie on June 7, 2021 Posted in Coronavirus, UK

“Long Covid” (or “post-Covid-19 syndrome”) is a condition where people who have contracted Covid-19 continue to experience symptoms for weeks or even months after their initial infection. It affects individuals differently, and symptoms can range from fatigue, headaches, loss of taste or smell, lasting fever or anxiety, to respiratory difficulties, muscle weakness, blood clots and … Continue reading

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

By Charlotte Emmerson on June 2, 2021 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

Who bears the investigation costs for compliance violations?

By Frank Weberndörfer and Claudia Posluschny on May 17, 2021 Posted in Europe, General, Germany

Carrying out investigations to determine violations of compliance rules can cause considerable costs for companies. In a recent decision, the German Federal Labor Court (BAG, 29.4.2021 – ref. 8 AZR 276/20) has now clarified the circumstances in which an employee must bear the costs of investigations in connection with allegations of breach of compliance rules … Continue reading

Right to work checks: Extension of the COVID-19 concession to 20 June 2021 – now extended to 31 August 2021

By Lauren Pullen-Stanley (UK) and Aida Geragusian on May 12, 2021 Posted in Coronavirus, UK

In order to obtain a statutory defence against illegal working, employers should check the right to work of all employees’ original documents in person on or before their employment commences. In the absence of a correct check and in the event that an illegal working issue arises, this will assist the employer in avoiding civil … Continue reading

COVID-19: Mandatory testing in companies

By Frank Weberndörfer and Claudia Posluschny on April 20, 2021 Posted in Coronavirus, Europe, Germany

In view of worrying pandemic figures, the German Federal Government has amended the existing “SARS-CoV-2 Occupational Health and Safety Ordinance” (Corona-ArbSchV) (the Ordinance). Employers now face the additional obligation of offering COVID-19 testing to their employees, unless the employees work from home. Introduction of mandatory testing… Continue reading

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

By Amanda Sanders (UK) on April 1, 2021 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

The Right To Disconnect

By Maartje Govaert, Annette van Beers and Christine Daniels on March 25, 2021 Posted in The Netherlands

News about young Wall Street analysts asking for an 80-hour working week and employees working from home for a year now due to the Covid pandemic gives rise to the question of whether employees have the right to disconnect. In this blog we will discuss recent legislative developments in the EU as well as the … Continue reading

Employment Appeal Tribunal rules on carry over of holiday pay.

By Amanda Sanders (UK) on March 23, 2021 Posted in Contracts, UK

The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay. The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual … Continue reading

UK Home Office announces further changes to immigration routes

By Aida Geragusian on March 9, 2021 Posted in General, UK

Last week the Home Office published a series of changes to the Immigration Rules, many of which will take effect on 6 April 2021. Graduate Route In welcome news to many UK employers, the Home Office is introducing a new Graduate route into the UK (under a new section in the rules, called Appendix Graduate). … Continue reading

UK Pensions: Data transfers from the EU likely to continue uninterrupted

By Julia Chirnside and Janine Regan on March 9, 2021 Posted in UK

We’re pleased to report what looks like some good news for pension schemes on data protection. The European Commission has published a draft decision as to the “adequacy” of the UK’s data protection laws. If the draft decision is formally approved by EU Member States, this would allow personal data to flow from the EU … Continue reading

Budget – Immigration Proposals

By Lauren Pullen-Stanley (UK) on March 4, 2021 Posted in General, UK

In addition to the measures referred to in the Budget which are aimed at addressing the immediate challenges of COVID-19 and putting the UK’s public finances on a sustainable footing in the medium term, the Government stated in the Budget that it recognised the importance of creating the conditions for an investment-led recovery driven by … Continue reading