News & Analysis as of

European Court of Human Rights Employer Liability Issues

Hogan Lovells

Jumping the gun - direct offer to employees was unlawful inducement

Hogan Lovells on

The UK Supreme Court found in Kostal UK Ltd v Dunkley that it was an unlawful inducement for an employer to offer a pay deal to employees “over the head” of its recognised trade union. However, the position would have been...more

Hogan Lovells

Spring in the step - Deliveroo riders not workers for trade union recognition

Hogan Lovells on

Independent trade unions are entitled to apply for compulsory recognition on behalf of workers in a bargaining unit if certain conditions are met. The Independent Workers Union of Great Britain (IWUGB) applied for...more

McDermott Will & Emery

Neues zum Whistleblowing – Meinungsfreiheit und Staatsbürgerpflicht vs. Loyalität im Arbeitsverhältnis

McDermott Will & Emery on

Zumeist sind es Arbeitnehmer, die Missstände oder Straftaten melden, welche ihnen im Zusammenhang mit ihrem Arbeitsverhältnis bekannt geworden sind. Mangels ausdrücklicher gesetzlicher Regelung besteht jedoch für Arbeitnehmer...more

BCLP

UK HR Two Minute Monthly: religious discrimination; TUPE; IR35

BCLP on

Our first update of 2020 outlines key UK employment law developments over the last month. It includes cases on the definition of ‘employee’ under TUPE, the impact of a job evaluation survey in relation to equal pay, direct...more

K&L Gates LLP

Employee Video Surveillance: Position of the European Court of Human Rights

K&L Gates LLP on

On October 17, 2019, the European Court of Human Rights (ECHR) approved the installation of a Closed-Circuit Television (“CCTV”) surveillance system which was used to monitor supermarket cashiers without informing those...more

Littler

UK Supreme Court Rules on 'Gay Cake' Case

Littler on

Cakes have become an unlikely battleground for gay rights over the past few years. In the United States there has been a spate of cases where individuals have challenged refusals to provide cakes for same-sex weddings or in...more

Faegre Drinker Biddle & Reath LLP

Covert Surveillance at Work: A Breach of the Right to Privacy

In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more

Littler

European Court Limits Workplace Email Monitoring

Littler on

In its recent Grand Chamber judgment, the European Court of Human Rights held that employers can monitor an employee's email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such...more

Orrick, Herrington & Sutcliffe LLP

European Court Restricts Employer Access to Employee’s Private Communications

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Hogan Lovells

Employment News - September 2017

Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

BCLP

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

BCLP on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

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