Topic: Europe

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

By Laure Joncour on December 7, 2020 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

Can employers require their employees to get the Covid-19 vaccine?

By Charlotte Emmerson on December 3, 2020 Posted in Coronavirus, Data privacy and GDPR, UK

With the announcement that one of the Covid-19 vaccines has received approval from the UK regulator, employers are now asking whether they can insist that employees are vaccinated before returning to the workplace. There are clearly legal and moral issues that need to be considered. Firstly, the anticipated Covid-19 vaccination programme in the UK will … Continue reading

Transfert partiel d’entreprise : les errements de la Cour de cassation

By Laure Joncour on November 25, 2020 Posted in France

Dans une décision du 30 septembre 2020, la Cour de cassation revient une nouvelle fois sur le sort des salariés transférés dans le cadre d’un transfert partiel d’entreprise. Lorsqu’une partie de l’activité d’une entreprise est transférée à un repreneur, il convient de vérifier si les salariés transfèrent également à ce repreneur. Aux termes de l’article … Continue reading

UK Pensions: Pensions Regulator calls on trustees to pledge to stop scammers

By Sabrina English on November 16, 2020 Posted in UK

Last week, the Pensions Regulator (TPR) launched a new initiative that asks pension scheme trustees, administrators, advisers and providers to publicly pledge that they are taking appropriate action to protect their scheme members from scammers. The pledge is aimed to encourage better understanding of the warning signs of a scam, and to improve internal processes … Continue reading

Guidance published on the Extension of the UK Furlough Scheme

By Amanda Sanders (UK) on November 11, 2020 Posted in Coronavirus, UK

Further to our blog post on 5 November, when the UK Government announced that the Coronavirus Job Retention Scheme (CJRS) will remain open until 31 March 2021, the Government has now published detailed guidance on the extension of the scheme. The guidance is comprised of a number of different documents covering such matters as which … Continue reading

UK Job Retention Scheme extended until 31 March 2021

By Amanda Sanders (UK) on November 5, 2020 Posted in Coronavirus, UK

Further to our post about the extension of the Coronavirus Job Retention Scheme (CJRS), the Chancellor announced on 5 November that the CJRS (also known as the furlough scheme) will remain open until 31 March 2021. The Government also published a policy paper setting out further details of the CJRS, confirming that the scheme rules … Continue reading

Sick leave under German employment law: Termination, medical certificates by phone and latest topics

By Frank Weberndörfer on November 3, 2020 Posted in Coronavirus, Europe, General, Germany

Termination in case of the threat of taking sick leave Employees who respond to an instruction by their employer with the threat of taking sick leave can be dismissed without notice. It is irrelevant whether the employee actually falls ill later or whether the instruction by the employer was unlawful. In a recent decision, the … Continue reading

Furlough Scheme extended and the Job Support Scheme postponed

By Amanda Sanders (UK) on November 2, 2020 Posted in Coronavirus, UK

On 31 October 2020, the UK Government announced a the new national lockdown due to begin on Thursday 5 November. On the same day, the Government announced that the Coronavirus Job Retention Scheme (CJRS), which was due to come to an end on that day, would be extended to continue during the period of lockdown. … Continue reading

Chancellor announces amendments to the UK Job Support Scheme

By Amanda Sanders (UK) on October 26, 2020 Posted in Coronavirus, UK

As we announced in our blog post here on 24 September the UK Chancellor outlined additional government support to help businesses and workers impacted by COVID-19, which would come into force once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. However, with further restrictions being placed on businesses and the introduction of … Continue reading

Job Support Scheme – Expansion for Closed Business Premises

By Amanda Sanders (UK) on October 12, 2020 Posted in Coronavirus, UK

In our previous blog post here we told you about the Job Support Scheme (JSS), which is due to come into force on 1 November, and will provide support to employers where employees work reduced working hours. On 9 October, the Government announced an extension of the JSS to provide temporary support to businesses whose … Continue reading

UK Migrants stranded abroad due to COVID-19. – will their ability to settle in the UK or apply for further leave to remain be impacted?

By Aida Geragusian on October 6, 2020 Posted in Coronavirus, UK

The effects of the global pandemic are far reaching; few have been unaffected by measures and restrictions introduced in response to the spread of COVID-19. As borders have closed and visa processing services have been suspended, those living and working outside their home jurisdictions have, and continue to face, uncertain times. Some migrants made the … Continue reading

Remote control: Can eSigning improve your pension scheme governance?

By Shane O’Reilly on October 1, 2020 Posted in UK

Having first embraced eSignatures to solve the problem of signing documents during lockdown, I can now see a more general application. Using eSignatures can massively speed up the process of having an idea, approving it and crucially, getting the relevant decision makers the documents to implement. My observations below. The challenges of signing pension deeds … Continue reading

Will intra country commuting continue post Brexit? UK Government issues new guidance on frontier workers.

By Aida Geragusian on September 29, 2020 Posted in UK

A frontier worker is an EU, EEA or Swiss national, who is economically active in the UK (through employment or self-employment) but resides outside the UK. Under the EEA right of freedom of movement, such nationals are currently free to travel and work in all EEA countries. However as freedom of movement comes to an … Continue reading

Chancellor announces new Job Support Scheme

By Amanda Sanders (UK) on September 24, 2020 Posted in Coronavirus, UK

The UK Chancellor has outlined additional government support to help businesses and workers impacted by COVID-19. There had been calls from businesses for the chancellor to help protect jobs once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. As a result the chancellor has announced the new Job Support Scheme which will … Continue reading

Testing employees for COVID-19, self-isolation and sick pay

By Amanda Sanders (UK) on September 22, 2020 Posted in Coronavirus, Data privacy and GDPR, UK

On 10 September the Department of Health and Social Care published guidance for employers on the legal obligations and matters that they need to consider if planning to introduce their own testing for COVID-19. With current infection rates increasing this is ever more important for employers to help protect business continuity. In addition, employers need … Continue reading

Management and foreign languages: Communication with the works council

By Frank Weberndörfer on August 19, 2020 Posted in Europe, General, Germany

Managers of international companies are often confronted with the problem of having to communicate with their employees and the works council in a foreign language that they do not fully master. This can easily lead to conflicts. In a recent decision in June, the Nuremberg Regional Labor Court (ref. 1 TaBV 33/19) has now clarified the scope. The … Continue reading

Transfer of undertaking to multiple transferees

By Amanda Sanders (UK) on August 4, 2020 Posted in Contracts, General, UK

In a recent case, the European Court of Justice (ECJ) has considered what happens to the employment contract of a transferring worker where there is a transfer of an undertaking to multiple transferees. The ECJ held that the contract should be split in proportion to the tasks performed by the worker of the time devoted … Continue reading

Talking Turkey – Salvation for Investors from UK Defined Benefit Schemes?

By Lesley Browning on August 3, 2020 Posted in UK

The UK Pensions Regulator has offered some comfort to investors and funds which may have been deterred from investing in UK companies with historic defined benefit liabilities. It is unusual, as a matter of English law, for the corporate veil to be capable of being pierced – normally the liability incurred by one group company … Continue reading

New law to ensure furloughed employees receive full redundancy payments

By Amanda Sanders (UK) on July 31, 2020 Posted in Coronavirus, UK

The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected … Continue reading

Professional Cyclist held not to be an employee or a worker

By Amanda Sanders (UK) on July 17, 2020 Posted in Contracts, General, UK

The EAT has held that an employment tribunal was entitled to conclude that a professional cyclist was not an employee or a worker of the British Cycling Federation. In Varnish v British Cycling Federation (t/a British Cycling) the claimant had commenced proceedings before an employment tribunal claiming, amongst others, unfair dismissal and discrimination. The preliminary … Continue reading

UK points-based immigration system: Further details announced

By Charlotte Emmerson on July 16, 2020 Posted in General, UK

On 13 July 2020, the Home Office published further details on how the UK’s points-based immigration system will work from 1 January 2021. As set out in the Policy Statement published in February, anyone coming to the UK for work, including EU citizens, will need to demonstrate they meet a specific set of requirements for … Continue reading

UK Government: Plan for Jobs

By Amanda Sanders (UK) on July 13, 2020 Posted in Coronavirus, General, UK

On 8 July, the UK Chancellor announced proposals to help UK businesses have the confidence to retain and hire staff. The Government announced that the Coronavirus Job Retention Scheme has helped employers pay the wages of 9 million employees across the UK. However, the scheme will come to an end on 31 October 2020 and … Continue reading

Increased partner leave in the Netherlands from 1 July 2020

By Annette van Beers on July 1, 2020 Posted in The Netherlands

If the partner of an employee gives birth, the employee is entitled to one week’s partner leave following the birth. This paid leave can be taken at any time in the first four weeks after the birth of the child. During this period of leave the employer must continue to pay 100% of the employee’s … Continue reading

Blog Update NOW 2.0

By Christine Daniels, Maartje Govaert, Annette van Beers and Maartje van der Molen on June 17, 2020 Posted in Europe

Employment Emergency Fund (NOW) – NOW 2.0 On March 31, 2020, the Dutch government first published the Employment Emergency Fund (Tijdelijke noodmaatregel overbrugging voor behoud van werkgelegenheid, NOW 1.0). Please read more about this here The initial period of the fund ended on 31 May, 2020 but allowed for a one time extension for an … Continue reading