In recent years, the fight against sexual harassment in the workplace has gained significant traction, driven by movements like #MeToo and growing awareness of the pervasive nature of the issue. The public is increasingly calling for stronger protections and preventative measures to ensure they can work free from harassment. In response to this, the UK
General
What’s Next for equal pay law?
An analysis of the landmark victory for female retail consultants against British retailer Next plc
Introduction
More than 3,500 current and former female retail consultants have won a six-year legal battle for equal pay against British retailer Next plc (Next). In a significant judgment, Leeds Employment Tribunal ruled that Next had failed to…
Government consults on changes to TUPE and European Works Councils
On 16 May 2024, the UK government launched a consultation paper setting out proposed amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and abolishing the legal framework for European Works Councils (EWCs). This follows the policy paper published in May 2023, “Smarter regulation to grow the economy”. Despite the general election…
First Victorian industrial manslaughter decision
By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions
Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd…
EU confirms agreement on rules to improve working conditions of platform workers
On 11 March the Council of the EU confirmed the provisional agreement reached on the Platform Workers Directive (the Directive). The Directive aims to improve the working conditions of those who work on platforms in the gig economy and will also regulate the use of algorithms by digital labour platforms.
Employment protection
The EU suggests…
Employment: What is coming into force in April 2024?
As we highlighted in our previous post (What to expect in employment law in 2024), 2023 saw the introduction of several significant employment legislative changes. Just to remind you of the changes due to come into effect in April.
Holiday Leave and Pay:
Provisions for irregular hours and part-year workers apply to leave…
Territorial Jurisdiction – where is the employee’s base?
In Yacht Management Company Ltd v Gordon the Employment Appeal Tribunal (EAT) has upheld a decision of the Employment Tribunal, that there were numerous factors to support the Tribunal’s conclusion that it had jurisdiction to hear a claim of unfair dismissal brought by the employee because the seafarer’s “base” was her home in Aberdeen…
Germany: Collective redundancy notifications
German Federal Labour Court: The planned change of direction of the Sixth Senate
In its decision of December 14, 2023 in case 6 AZR 157/22 (B), the Sixth Senate of the German Federal Labour Court, which is responsible for insolvency matters, announced that it would depart from existing case law pursuant to which a dismissal…
Paid leave entitlements during sickness absence: a significant change in France
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…
Tous les salariés en arrêt maladie ont droit aux congés payés : le revirement de jurisprudence
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…