Tag archives: duty of care

Passive smoking: Employees can claim damages

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
Legal context French employment law imposes a duty of care on the employer requiring it to ensure that the health and safety of its employees is not impacted as a result of their work. Such duty is interpreted very broadly by the courts, which only allow employers to escape liability in very limited circumstances such … Continue reading

Duty of care: an employee’s misconduct may be excused under some circumstances

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
The legal context Under French employment law, both employers and employees are under a duty of care which requires them to take health and safety considerations into account throughout the employment relationship. Although the employer’s duty of care is interpreted very extensively by case law, which does not entitle the employer to escape liability except … Continue reading

Moral harassment: an employee victim of harassment can be compensated twice

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Discrimination and harassment, Europe, France
Legal context French employment law strictly prohibits acts of moral harassment within a company, employers being required to take all measures necessary to prevent such situations from occurring in the first place. Applicable sanctions in the event of breach of such prohibition can be particularly severe since the employer can face penal sanctions as well … Continue reading

Bullying a colleague does not necessarily justify a dismissal

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Discrimination and harassment, Europe, France
The legal context French employment law strictly prohibits situations of moral harassment in the workplace, the employer being required to take all necessary measures to prevent such situations from occurring. The employer can, for example, be held liable if acts of moral harassment actually take place, as the employer can then be held to have … Continue reading

Avoiding the pitfalls of hosting a work party in the UK

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) and guestauthor on Posted in Discrimination and harassment, Europe, UK
This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)  Work parties over the Christmas period have become somewhat of a tradition in the UK but they can be a real headache for employers. Here are some handy tips for avoiding common “work party” pitfalls. Location, location, location The location of a … Continue reading
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