In three decisions handed down on 13 September 2023, the French Supreme Court took an unprecedented position reversing the previous case law concerning accrual of paid leave for employees absent from work due to sickness. In these decisions, the French Supreme Court ruled that all employees on sick leave, regardless of whether the illness is … Continue reading
Par trois décisions rendues le 13 septembre 2023, la Cour de Cassation a pris une position inédite et opéré un revirement de jurisprudence concernant les règles applicables aux congés payés des salariés en arrêt maladie. Ainsi, la Cour de Cassation a considéré dans ces décisions que tous les salariés en arrêt maladie, que l’origine de … Continue reading
Das deutsche Arbeitsrecht bringt im Jahr 2024 zahlreiche Neuerungen und geplante Änderungen, die Personalverantwortliche kennen sollten. Neuerungen Zum 1. Januar 2024 wurden die Rechengrößen in der Sozialversicherung turnusgemäß an die Einkommensentwicklung angepasst. Die aktuellen Rechengrößen finden sie hier. Der gesetzliche Mindestlohn wurde auf € 12,41 angehoben. Die Jahresverdienstgrenze für Minijobber liegt 2024 bei € 6.456 (€ 538/Monat). Arbeitsunfähige Arbeitnehmer … Continue reading
This year is set to be a busy one for employers and, in particular, HR professionals, with a number of new employment laws and developments coming into force throughout 2024. This includes new rules on holiday leave and pay and the application of TUPE, changes to flexible working and increased protection from redundancy and sexual … Continue reading
As we come to the end of 2023, there has been a rush on new employment legislation to come into effect in 2024. Holiday leave and pay As mentioned here the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 were laid before Parliament on 7 November 2023 and are due to come into force … Continue reading
The German Whistleblower Protection Act (Hinweisgeberschutzgesetz) obliges employers to set up an internal reporting channel for information on legal violations. The transition period for implementing the obligation ends on 17 December 2023. As a result, small and medium-sized companies with 50 or more employees must also by this time have a corresponding reporting system in … Continue reading
Das deutsche Hinweisgeberschutzgesetz verpflichtet Arbeitgeber, einen internen Meldeweg für Hinweise auf Rechtsverstöße einzurichten. Die Übergangsfrist für vollständige Umsetzung der Verpflichtung endet am 17. Dezember 2023. Damit müssen auch kleine und mittlere Unternehmen mit 50 oder mehr Beschäftigten bis zu diesem Zeitpunkt ein entsprechendes Meldesystem eingerichtet haben. Andernfalls drohen empfindliche Bußgelder. Die arbeitsrechtlichen Auswirkungen, die Arbeitgeber … Continue reading
The Pensions Regulator has, for many years, campaigned to reduce the number of pension transfer scams. Its efforts appear to be having an effect. Cold calling, a typical sign of a scam, is decreasing and the number of UK savers receiving unsolicited approaches about their pensions fell from around 20% in 2017 to 7% in … Continue reading
In Ajaz v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal has held that an employment judge erred in concluding that rule 52 of the Tribunal Rules 2013 prevented the claimant from raising new whistleblowing detriment claims after earlier detriment claims that were based on the same protected disclosures were dismissed following withdrawal … Continue reading
The Government has announced a series of changes to the national minimum wage, increasing the rates for all workers and giving 21-year-old workers entitlement to the full National Living Wage for the first time. These changes will take effect on 1 April 2024. Currently, only those aged 23 and older are entitled to the full … Continue reading
The Supreme Court in the UK has held that food delivery riders (Riders) were not in an ‘employment relationship’ for the purposes of Article 11 of the European Convention on Human Rights, meaning that the provisions of that article which protect the right to form and join trade unions do not apply to them. In … Continue reading
On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response). This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii) consultation requirements under … Continue reading
This article was co-authored by Jonathan McMillan and Terry Stavrianos. In our previous article, we explored the introduction of sunsetting provisions for what are commonly referred to as ‘zombie agreements’. Broadly, zombie agreements are workplace agreements made before the commencement of the Fair Work Act 2009 (Cth) (FW Act) and during the transitional period immediately … Continue reading
The Rehabilitation of Offenders Act 1974 (ROA) applies to deem certain previous criminal convictions “spent” where the individual does not re-offend during a certain specified period from the date of conviction – the rehabilitation period. Convictions which are deemed “spent” are not disclosable including to employers except where an exemption applies which is usually due … Continue reading
With effect from 31 October 2023 the “bonus cap”, which previously limited the variable remuneration of certain bank staff to 100% of their fixed pay (or 200% with shareholder approval) has been abolished. The FCA and PRA in their consultation paper on this change highlighted that the removal of the cap is intended to help … Continue reading
The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have recently published consultation papers setting out proposals to promote diversity and inclusion (D&I) in the financial services sector. The papers follow on from the joint discussion paper in July 2021 when the regulators made it clear that firms should consider D&I. This was followed … Continue reading
An electronic travel authorisation (ETA) will soon be required to enter the UK as a visitor or to transit, for those who would not ordinarily require a visa in advance of travel to the UK. The UK Home Office has stated that the introduction of the requirement by means of the ETA will improve border … Continue reading
The UK Information Commissioner’s Office (ICO) published its final guidance on monitoring workers on 3 October 2023 (the Guidance). The Guidance is aimed at employers across both the private and public sector. Responding to the rise of remote working and new technologies available to monitor employees, the ICO has looked to provide clear direction on … Continue reading
The Court of Session in Ponticelli UK Ltd v Gallagher recently provided further clarification on what employment benefits transfer when employees transfer from one employer to another under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). When an employee transfers from one employer to another under TUPE the rights and benefits they enjoy … Continue reading
On 15 September 2023, the UK Government announced that its proposed increases in immigration fees will come into effect at 9am on 4 October 2023. As we indicated in our post on the changes when they were first proposed, this will lead to a roughly 15% increase in the cost of work and visa fees, … Continue reading
On 11 August 2023, the UK House of Commons published a research briefing paper on artificial intelligence (AI) and employment law. The paper provides an overview of AI and its various subcategories, outlines current uses of AI in the workplace, considers the implications of using AI and summarises the current proposals to regulate such use. … Continue reading
This article was co-authored with Lachlan Crosbie. Employers need to be aware of key changes to legislation protecting employee rights which will commence in the coming months. The Fair Work Legislation (Protecting Employee Entitlements) Act 2023 (Protecting Employee Entitlements Act) marks the Government’s second major reform to the Fair Work Act 2009 (FW Act). The … Continue reading
All UK employers must carry out right to work checks before employing someone, to ensure that the individual is legally permitted, by reason of their immigration status, to carry out the work in question. Correctly conducting a right to work check prior to employment will provide the employer with a statutory excuse against illegal working. … Continue reading
On 4 August 2023, the Tripartite Committee on Workplace Fairness (Tripartite Committee) released[1] its final policy recommendations on the proposed legislative framework to enhance workplace fairness (referred to as the Workplace Fairness Legislation, or WFL), by way of a Final Report that has been accepted by the Singapore Government (Final Report). The Final Report follows … Continue reading