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Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2023

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Cette newsletter présente cinq décisions de jurisprudence rendues au cours des derniers mois : Motif économique de licenciement : les pertes d’exploitation doivent avoir un caractère sérieux et durable (Cass. soc., 18...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2023

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This newsletter summarizes five significant judicial decisions over recent months: Economic grounds for redundancy: operating losses must be serious and lasting (Cass. soc., 18 October 2023, n°22-18.852 F-B) After...more

Walkers

Key Points for Employers from Guernsey’s New Discrimination Legislation

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On Friday 30 September, the States of Guernsey voted to approve The Prevention of Discrimination (Guernsey) Ordinance, 2022 (the Ordinance), subject to a number of amendments. The Ordinance will come into force on 1 October...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory...

Was a Redundancy Dismissal Unfair Because of Lack of Appeal? In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an...more

BCLP

UK HR Two Minute Monthly - October 2021

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Our October 2021 update includes recent case developments with regard to whether a lack of an appeal renders dismissals unfair, the concept of “working time” under the Working Time Directive as well as less favourable...more

Hogan Lovells

Refusing to let employee appeal redundancy dismissal not inevitably unfair

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In Gwynedd Council v Barratt the UK Court of Appeal confirmed that a redundancy dismissal will not be unfair solely because an employer has not offered an employee a right to appeal. However, failing to offer an appeal...more

Dechert LLP

Health, safety and working conditions in France / First semester of 2020

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This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

Littler

UK in 2019: That was the year that was!

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Well it’s been quite a year. Thank goodness it’s almost over! We started it (much as we have started every year since 2016) in a fog of uncertainty around Brexit. We have ended it at least knowing that the UK will be leaving...more

BCLP

Bonne nouvelle pour le barème Macron : la cour d’appel de Paris emboite le pas de la Cour de cassation

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Dans la foulée de l’avis rendu par la Cour de cassation le 17 juillet 2019, la cour d’appel de Paris, par un arrêt du 30 octobre 2019, valide à son tour le barème Macron.   Ce dispositif légal, qui plafonne les indemnités...more

BCLP

HR Two Minute Monthly: positive discrimination; suspending employees; maternity leave

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Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...more

Hogan Lovells

Employment News: unfair dismissal

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Looking back – limited appeal investigation not unfair - It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Paris Burning? France Considers Whether Damages for Employee Dismissals Should Be Capped

The latest version of Article L. 1235-3 of the French Labor Code, based on the “Macron Ordinances,” has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions. The article...more

BCLP

Recharacterization of the Relationship Between a Delivery Driver and a Digital Platform as an Employment Agreement

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In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more

Fisher Phillips

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

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Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more

Dechert LLP

Employee privacy and monitoring

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The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

Seyfarth Shaw LLP

UK Employment Tribunal Fees Abolished with Immediate Effect

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The regime by which claimants in the UK bring employment-related claims is set for radical change after the UK’s highest court ruled that the current fee system is unlawful. With immediate effect, claimants no longer have to...more

Dechert LLP

When whistleblowing is in the public interest… and it’s not just a question of numbers

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This update reports on the Court of Appeal’s judgment in Chesterton Global Limited and anor v Nurmohamed in which it considered the public interest requirement of the UK’s whistleblowing legislation....more

McDermott Will & Emery

Uber Drivers Uber Happy

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As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors,...more

McDermott Will & Emery

Collective Redundancy Consultation… “One Establishment” is Back

UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult representatives of...more

Dechert LLP

Introduction of Fees in UK Employment Tribunal Claims

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The Government has now announced the implementation date - Monday 29 July 2013 - for the introduction of the payment of fees in relation to Employment Tribunal claims. A claimant will be required to pay an “issue fee” on...more

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