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What might a ‘no-deal’ Brexit mean for UK employment rights? What could employers do now to prepare? And what might the future hold in a no-deal scenario? With new Prime Minister Boris Johnson clear that he would be prepared to leave the EU without a deal if necessary and current legislation committing the UK to leaving the EU at 23:00 on 31 October, this article revisits the employment law implications of a no-deal Brexit. What could employers do now to…
The UK Government Equalities Office has published a gender equality roadmap, which sets out proposed actions to tackle persistent gendered inequalities. This includes a number of potential changes to employment law. Background On 3 July, the UK Minister for Women & Equalities, Penny Mordaunt, set out her vision for gender equality in the UK with the publication of the document ‘Gender equality at all stages: A roadmap for change’. The stated…
In an effort to tackle the issue of ‘disguised employment’, the UK rules on working with contractors who provide services through an intermediary are changing. The government is committed to cracking down on ‘disguised employment’. In order to achieve that, the IR35 rules are changing in April 2020. If you engage contractors (or ‘off-payroll workers’) whether directly or through an agency who are providing their…
This review of the first year of the GDPR in Germany looks at actions by the state data protection authorities, legislative initiatives and a significant court decision relating to data subject access requests. According to a recently published article, the German Data Protection Authorities (DPAs) have issued 75 fines since the GDPR was implemented, based on the authorities’ answers to this research. The total amount…
New Belgian legislation introduces more flexibility into applications for parental leave, leave for palliative care and leave for medical assistance to a seriously sick member of the household or family. The Royal Decree of 5 May 2019 amending various provisions concerning special leave enters into force on 1 June 2019. This Royal Decree leaves in place existing arrangements concerning parental leave, leave for palliative care…
The European Court of Justice has ruled that employers must keep a record of all hours worked by their workers each day, in order to ensure compliance with the rules on maximum weekly working time and rest breaks. The EU Working Time Directive (‘WTD’) limits maximum weekly working time to 48 hours a week, and gives workers the right to daily and weekly rest breaks….
Following the UK Government’s ‘Good Work Plan’, published last December, new legislation has recently been made to implement the first of the proposed changes. This article takes stock of the reforms enacted so far, flags some of the practical issues and sums up what’s still to come. Background In December 2018, following Matthew Taylor’s extensive review of modern employment practices, the Government unveiled its Good Work Plan (discussed…
The European Commission (‘EC’) has recently revised its March 2018 guidance on the legal repercussions of the UK’s withdrawal from the EU for European Works Councils (‘EWCs’), including the implications of a ‘no-deal’ Brexit. The EC’s Notice to Stakeholders of 13 March 2019 does not have any formal legal status, but will be persuasive in any dispute. It confirms the analysis in our recent article on the impact of…
This article, originally published in the HRDirector on 10 April 2019, provides an overview of recent developments and proposed changes in employment law in Bulgaria, Finland, Kazakhstan, Poland, Russia and Slovakia. BULGARIA Employers’ obligations under the new Disability Act On 18 December 2018, the Bulgarian Parliament enacted the new Disability Act, according to which employers in Bulgaria are required to hire disabled workers according to…
Giving employers a better view of the costs they must bear in the event of an unfair dismissal was the main argument of the French government when a scale was implemented by one of the so-called Macron orders dated 22 September 2017 (N°2017-1387). This scale, setting up minimum and maximum damages awards, should ultimately have a positive impact on employment, especially in small and medium-sized…