Italy, France, Germany, Sweden and USA: Dress code and appearance policies

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts. Federal U.S. law does not directly regulate employer dress codes or appearance policies. However, it does prohibit employers from discriminating against employees based on a number…

#Brexit: What is likely to happen?

The UK triggered Article 50 on 29 March 2017 giving two years’ notice to leave the EU. Negotiations will now start on the terms of exit. The EU has made it clear that only when sufficient progress has been made with these negotiations will it be prepared to start negotiations on the UK’s on-going relationship with the EU. It seems highly likely that these exit…

UK: New apprenticeship levy

  The UK Government has committed to boost productivity by increasing the quantity and quality of apprenticeships. It aims to create three million apprenticeships by 2020 and introduce new apprenticeship standards. To help to fund this initiative, an apprenticeship levy will apply from 6 April 2017. Employers with a wage bill of more than GBP 3 million will pay an annual levy of 0.5%. Details of…

U.K.: Discrimination by dresscode?

Employers introduce dress or ‚appearance‘ codes for various reasons, such as to protect health and safety or to portray a particular image. The new report, published jointly by the House of Commons Petitions Committee and the Equalities Committee, emphasises that employers should remain alert to potential discrimination (e.g. on grounds of sex, race, religion or age) that can be caused by some dress codes, as well…

Sexual harassment at work: Global concern with local solutions

A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment…

UK employment and pensions law review 2017

The political scene in the UK has inevitably been dominated in recent months by the vote narrowly in favour of “Brexit” in the referendum on EU membership last June and its associated political fallout. This led, among other things, to David Cameron’s resignation as prime minister and leader of the Conservative party and his replacement by Theresa May. One consequence of all this furore is…

U.K.: New discrimination case law

The CJEU found that a provision in a scheme’s rules which required members to marry before the age of 60 for full survivors’ benefits to be payable did not constitute discrimination on the grounds of age or sexual orientation. This was despite the fact that it was legally impossible for the claimant to enter into a civil partnership or same sex marriage before reaching that…

UK: Uber drivers win first round

A UK employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection. Background The taxi-hailing firm has attracted significant media interest over its business model since its launch in the UK. Service users can hail a cab via an app which the drivers access and then…

UK and Brexit: Changing your mind about notice

The Government may argue in the Supreme Court that its Article 50 notice to leave the European Union may be revoked, according to press reports. This would be the exact opposite of what it argued in the High Court, which noted that it was “common ground between the parties that a notice under Article 50 cannot be withdrawn, once it is given”. It is, however, a…

Sexual harassment: How must employers in Europe respond?

More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has…