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This series of articles looks back thematically at the employment law year, incorporating contributions from Ius Laboris member firms across the alliance. The first part covers developments in protection from harassment and discrimination. The impact of #metoo continues to be felt around the globe. In June 2019, the International Labour Organisation (ILO) adopted a global convention on the elimination of violence and harassment in the world of…
Following the UK’s departure from the EU on 31 January 2020, this article asks what this means for employers in the transition period and beyond. On 31 January 2020, the United Kingdom left the EU following ratification of the withdrawal agreement. Now begins a transitional period, lasting until 31 December 2020, during which European Union law continues to apply. This period can be extended once…
The European Court of Justice has ruled on whether the Part-Time Work Directive should be interpreted as precluding a national provision setting the maximum duration of a fixed-term employment relationship for part-time workers for a longer period than for full-time employees. It follows from the Part-Time Work Directive that employers in the EU must not treat part-time workers less favourably than full-time employees because of…
‚Neurodiversity‘ is a relatively new term but increasing numbers of employers are seeking to plug their skills gap by developing a more neurodiverse workplace. This article gives some guidance on how HR can assist. There has been growing interest in recent years in neurodiversity, which often refers to people with some form of autism spectrum disorder (‚ASD‘ or ‚autism‘ for short) or Asperger syndrome. It also covers other conditions such…
Originally published on the Human Resources Online website on 19 December 2019 this article explores the issues around social media in the workplace, in the context of the Hong Kong protests. Social media is increasingly creating issues in workplaces around the world and blurring employees’ work and personal lives. On the one hand, its use allows employers to promote a positive image of their business…
A video in which employees of the French company ‘le Slip Français’ were shown behaving offensively at a private party raises questions about how and whether employers can discipline employees for actions taken in a private context. A scandal at the start of this year around a video made by employees of the company ‘le Slip Français’ raises interesting employment law questions. Let’s go back…
It follows from Danish employment case law that an employer has what is known as ‘management rights’ over its employees. This means, among other things, that an employer can, to a certain extent, issue guidelines relating to employee behaviour. However, there are limits on how intrusive these guidelines can be. In this case, the question was whether a major bank went too far by banning…
What will the new Conservative government mean for immigration law and policy in the UK? Having fought his campaign on the promise to ‘get Brexit done’ it is now certain that Mr Johnson will take the UK out of the EU. With a 78-seat majority, Mr Johnson plans to bring his Withdrawal Agreement Bill back to the commons next Friday and pave the way for…
The European Court has held that imposing very high financial penalties for technical breaches of secondment rules are contrary to the principle of freedom of services. On 12 September 2019, the European Court of Justice ruled that very high financial penalties for infringements of formal obligations in the context of a secondment are incompatible with the freedom to provide services. An Austrian contractor had contracted…
The Whistleblower Directive was published on 26 November and Member States now have two years to implement it. This article explains the key provisions of the Directive and what it will mean for employers. The Directive sets out common standards for protecting individuals who report information on breaches of EU law they acquired in a ‘work-related context’. It protects whistleblowers in both the public and…