Topic: General

EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies

By Joanna MacKenzie on November 1, 2022 Posted in General, UK

In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria. The Claimant, Ms Mogane, was employed as … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

By Amanda Sanders (UK) and Safwan Afridi on October 31, 2022 Posted in General, UK

Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination. In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims. In order for any such agreement to be binding it must satisfy certain conditions. The extent of these … Continue reading

Let’s Get This Straight: Entitlement to Overtime under the British Columbia Employment Standards Act

By Margaret McConnell on October 11, 2022 Posted in Canada, General

Employee entitlement to overtime wages under the British Columbia Employment Standards Act (the “ESA”) is often misunderstood. Common mistakes include assuming that entitlement to overtime wages is based on how an employee is paid (hourly, monthly salary, annual salary, etc.) or that employees that have not been expressly asked or authorized to work overtime are … Continue reading

Italy’s Jobs Act under scrutiny: Are critics missing the big picture?

By Attilio Pavone on October 11, 2022 Posted in Europe, General, Italy

In the final days of the particularly tense campaign leading up to the parliamentary election in Italy, politicians from all sides of the political spectrum made bold proclamations on a variety of topics; for the most part, this was predictable and inevitable. Nevertheless, it was surprising to read the statements made by two former labour … Continue reading

Right to Work Checks – reminder of changes from 1 October

By Aida Geragusian on October 5, 2022 Posted in General, UK

During the pandemic, the Home Office relaxed the requirement for employers to see physical documents as part of manual right to work checks, permitting the checks to be conducted via a video call with the document holder in possession of their original document and the employer holding a scanned copy. Following a series of extensions, … Continue reading

Obligation to record working time

By Frank Weberndörfer and Claudia Posluschny on September 15, 2022 Posted in Contracts, Europe, General, Germany

The German Federal Labor Court (BAG) has surprisingly ruled (BAG, 13.09.2022 – 1 ABR 22/21) that employers are legally required to record not only overtime and Sunday work, but all of their employees’ working hours.… Continue reading

Philosophical and religious beliefs: Balancing the issues

By Amanda Sanders (UK) on July 20, 2022 Posted in General, UK

Two recent employment cases regarding “gender critical” beliefs have highlighted the difficulties in this area and whether such beliefs are capable of protection under the Equality Act 2010. Religion or belief is one of the nine protected characteristics covered by the Equality Act 2010. The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation in … Continue reading

Global Employment Law – Work from Anywhere: Leadership Challenges – Transforming Workplace -#17

By Jason Noakes on June 28, 2022 Posted in Australia, Canada, China, Colombia, France, General, Germany, Hong Kong, Italy, Luxembourg, Middle East, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours. In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work … Continue reading

Calling a man “bald” can amount to harassment related to sex

By Safwan Afridi on June 8, 2022 Posted in General, UK

The Employment Tribunal (ET) has found that an employee that was called “a bald ****” by a fellow male colleague was harassed based on his sex. The Claimant presented a number of other claims against the Respondent, including unfair dismissal, wrongful dismissal, victimisation and health and safety detriments; however, this post focuses on the Claimant’s … Continue reading

Global Employment Law – Work from Anywhere: The end of the office? – Transforming Workplace – #16

This is the 16th paper in our Transforming Workplace series. In our previous paper, we discussed how to make ‘work from anywhere’ work better. In this paper we now examine whether the day of the office, as we know it, has ended Work from Anywhere: The end of the office? – Transforming Workplace – #16 This … Continue reading

Global Employment Law- Work From Anywhere: Make it work better – Transforming Workplace -#15

This is the 15th paper in our Transforming Workplace series. In this paper we examine how ‘work from anywhere’ can be made to work better. Work From Anywhere: Make it work better -Transforming Workplace – #15 This article is part of our Transforming Workplace series. Other articles exploring the opportunities, challenges and risk of the transforming … Continue reading

Germany: Stricter COVID-19-rules expired

By Frank Weberndörfer and Claudia Posluschny on May 26, 2022 Posted in Coronavirus, Europe, General, Germany

The German government has announced that, in light of falling infection rates, the “SARS-CoV-2 Occupational Health and Safety Ordinance” will not be extended (press release dated May 24, 2022; see also our blog dated November 24, 2021).… Continue reading

UK Pensions: Use of reasonable [en]force[ment] – unnerving for those on the receiving end?

By Julia Chirnside on May 19, 2022 Posted in General, UK

Speaking to banking colleagues recently about what the Pensions Regulator’s stronger powers mean for them reminded me just how much turns on the Regulator’s view of what is reasonable. There has been a great deal of discussion about the wide range of circumstances in which the Regulator could use its various powers (what the Regulator … Continue reading

The French Supreme Court validates the “Macron scale”: end of the Resistance?

By Laure Joncour on May 18, 2022 Posted in Europe, France, General

By way of background, before the entry into force of the “Macron scale”, in the case of unfair dismissal, it was for the judge in each case to set the amount of compensation for the loss suffered by the employee and the law did not set any maximum amount. This meant that judges were able to … Continue reading

The Employment proposals in the Queen’s Speech: Absence of the Employment Bill

By Amanda Sanders (UK) on May 16, 2022 Posted in General, UK, Uncategorized

On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech. Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment Bill, which was first proposed in 2019, was intended to … Continue reading

Employee data compliance: Data minimization and deletion obligation

By Frank Weberndörfer and Claudia Posluschny on May 10, 2022 Posted in Data privacy and GDPR, Europe, General, Germany

To avoid fines, the lawful processing of employee data must respect the principle regarding data retention. Employers are obliged to erase data that is no longer required, in particular regarding the publication of employee profiles or data processed in connection with COVID-19. A recent decision (Neuruppin Labor Court, December 14, 2021 – ref. 2 Ca … Continue reading

Global Employment Law – The Decline (and Fall?) of the Five-Day Workweek – Transforming Workplace -#14

By Jason Noakes on April 19, 2022 Posted in Australia, Canada, China, Colombia, France, General, Germany, Hong Kong, Italy, Luxembourg, Middle East, Poland, Russia, Singapore, South Africa, Thailand, The Netherlands, UK, United States, Venezuela

In our previous article in the Transforming Workplace series we outlined the benefits of short-term “work from anywhere”. In this article, we focus on the advantages of introducing flexible hours and days. The Decline (and Fall?) of the Five-Day Workweek This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work From Anywhere: Short Term – Transforming Workplace -#13

In our previous articles in the Transforming Workplace series we examined the challenges of “work from anywhere”. In this article, we consider the best options for introducing “work from anywhere” on a short-term basis in your organisation. Work from Anywhere: Short-Term This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

The Disappearing Employee: Five Tips for Dealing with Circumstances of Potential Job Abandonment

By Margaret McConnell on April 11, 2022 Posted in Canada, General

Picture this: an employee is absent from work without explanation or authorization – it may be a sudden absence of a few days or, perhaps, the employee has failed to return from a leave of absence or vacation. Can an employer treat the employment relationship as at an end on the basis of job abandonment? … Continue reading

UK: Changes in employment law current rates and limits

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

April 2022 marks the annual increase in the current statutory payments and other employment limits, employers should ensure they are aware of these changes and make adjustments where appropriate. From April 2022, there will be increases to statutory payments for time off work: Maternity and adoption pay at the maximum prescribed rate will be increasing … Continue reading

Global Employment Law: Work From Anywhere: Benefits & Challenges – Transforming Workplace -#12

In our previous article in the Transforming Workplace series we examined the hybrid model of work. In this article we discuss the benefits and challenges of “work from anywhere”, including on a hybrid work mode. Work From Anywhere: Benefits & Challenges This article is part of our Transforming Workplace series. Other articles exploring the opportunities, … Continue reading

The New Covid Decree (Decree Law no. 24/2022)

By Attilio Pavone on April 6, 2022 Posted in Europe, General, Italy

On 24 March 2022 the Italian legislature passed Decree Law no. 24/2022 (the New Covid Decree), which took effect on 25 March 2022. Set out below is a summary of the main provisions of the New Covid Decree, including its impact on workplace-related regulations. Green Pass requirement The New Covid Decree provides that from 01 April … Continue reading

Global Employment Law: Work from anywhere: Hybrid model – Transforming Workplace -#11

Our previous articles in the Transforming Workplace series discussed some of the important issues relating to the worldwide trend of working from anywhere. In this article we examine the hybrid workplace, where employees combine some level of “work from anywhere” with some time attending their worksite. Work from anywhere: Hybrid model This article is part … Continue reading

Global Employment Law: Work from anywhere: Does it suit everyone?- Transforming Workplace – #10

We considered the growth in the number of employees ‘working from anywhere’ in our previous articles in the Transforming Workplace series. In this article we focus on suitability – does “work from anywhere” suit all jobs, all countries, and all employees? Work from anywhere: Does it suit everyone? This article is part of our Transforming … Continue reading