How to deal with ex-employees’ email accounts: the Belgian DPA strengthens its position

The Belgian DPA has recently fined a company for delaying the closure of ex-employees’ email accounts. The Belgian Data Protection Authority (DPA) recently decided to impose an administrative fine of EUR 15,000 on a company that only closed email addresses linked to employees (surname and first name) who had left the company after 2.5 years. According to the DPA, non-closure of these email addresses constitutes…

Neurodiversity at work

As the benefits of increasing diversity across the workforce gain traction, some forward-thinking employers are starting to consider how to harness the talents of people who may be highly skilled or have a lot to offer, but find it hard to function well in traditional workplaces. Specifically, they are looking at how to welcome people who think differently into their work space – not only to…

COVID crisis-related assistance for employers with pension provision in the Netherlands: what is available?

Employers in the Netherlands suffering from the effects of the COVID-19 crisis are entitled to assistance in managing their pension liabilities. This article provides details. At the very beginning of the COVID crisis in March, it was announced that pension providers would accommodate employers facing financial problems due to the COVID crisis as much as possible. The Dutch Labour Foundation, the Pension Federation and the…

Newly extended presumption that COVID-19 illness or death for workers is an occupational injury takes effect in California: what conditions apply?

A new Bill in California confirms and extends the presumption that illness or death related to COVID-19 is an occupational illness. This article examines the conditions for the presumption to apply and the circumstances in which employers will be able to dispute it. On 17 September 2020, California Governor Gavin Newsom signed into law a bill (Senate Bill 1159, the ‘Bill’) which modifies and extends…

Face coverings and the workplace: guidance from the UK

This article discusses the current rules regarding face coverings at work in the UK and some of the practical issues that arise for employers. At the end of August there were reports of a ‘debacle’ on a flight from the Greek island of Zante to Cardiff, which resulted in 193 passengers and crew facing two weeks’ self-isolation. The incident prompts several questions, not just for…

‘NOW’ and the future: Netherlands extends Covid-19 assistance to employers

On 28 August, the Ministry of Economic Affairs and Climate announced that the NOW job retention scheme will be extended for three three-month periods starting from 1 October. The temporary emergency scheme for job retention (NOW) in the Netherlands provides compensation for the wage costs of employers who expect a significant loss of turnover due to the Covid-19 crisis. NOW 3.0 represents the second extension and…

How can UK employers manage immigration and travel for European employees in 2021 and beyond?

EEA nationals and their employers are now turning their minds towards how frequent business/work travellers and cross-border commuters can continue to come to the UK from 2021. For some, the best solution may be offered by the EU Settlement Scheme (EUSS), but there are also other options to consider. This article is not intended to cover the position for Irish citizens, who will continue to…

Schrems II: what are the implications for data transfers from the GCC?

In Schrems II, the European Court of Justice rejected the Privacy Shield as a legitimate basis for personal data transfers: what are the potential consequences for data processing in the Gulf Cooperation Council countries? This article provides guidance. The European Court of Justice’s recent Schrems II decision (case C-311/18) has attracted a lot of attention in data protection circles. One of the key outcomes of…

Flexible working post Covid-19 in the UK: sea change or nothing new?

The coronavirus pandemic and resulting lockdown caused millions to work from home for the first time, an experience likely to cause a surge in requests for flexible working arrangements once most employees are asked to return to the workplace. This article considers the legal position and the practicalities for employers in dealing with flexible working requests. A huge number of employees have been experiencing the…

What COVID-19 immigration arrangements apply in the UK beyond 31 July 2020?

In a last-minute update on 29 July 2020, the UK Home Office pivoted towards a return to business as usual on immigration policy. Some significant concessions remain available until at least 31 August 2020, however there are a number of potential pitfalls for employers and individuals to be aware of. The Home Office’s Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents contains…