News & Analysis as of

European Convention on Human Rights

BCLP

Balancing Protected Characteristics - Religious Belief v Sexual Orientation: Ngole v Touchstone Leeds

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This week we focus on a new case looking at the difficulties between balancing protections of religious belief with the rights and protections of LGBTQI+ individuals....more

King & Spalding

General Election Manifesto Round-Up and Other Employment Law Developments

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In anticipation of next week’s General Election, this month’s alert examines key employment law pledges made by the political parties in their election manifestos, an extension to parental leave rights and recent legal...more

BCLP

UK HR Two-Minute Monthly: June 2024

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Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more

Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 50

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FTC Proposes New Protections to Guard Against AI Impersonations of Individuals - Amidst growing concerns that emerging technology—including AI-generated deepfakes—threaten to increase the prevalence of impersonation fraud,...more

BCLP

UK HR Two Minute Monthly: February 2024 - Can a Job Applicant Bring a Whistleblowing Claim, Who Pays Up When a Claimant Wins at...

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Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

King & Spalding

Freedom of Expression in the Workplace in Europe – The Example of France

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Among the many fundamental rights protected by the European Convention on Human Rights – the European analog to the United States’ Bill of Rights – lies the freedom of speech. Article 10 of the European Convention states that...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

Fisher Phillips on

A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Jones Day

Belgian and French Courts Ruled on New Climate Lawsuits Against Governments

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On May 26, 2021, the Hague District Court ordered, in a groundbreaking decision, Royal Dutch Shell Plc to ensure that the aggregate annual volume of all carbon dioxide emissions of the Shell group, its suppliers, and...more

Hogan Lovells

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

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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

BCLP

UK HR Two Minute Monthly: post-termination restrictions; discrimination and victimisation claims; right to respect for private...

BCLP on

Our January update considers recent developments in employment law, including cases on post-termination restrictions, interim relief for discrimination and victimisation claims, and the right to respect private life. We also...more

Society of Corporate Compliance and Ethics...

UK Court of Appeal rules law enforcement illegally made use of facial recognition technology

Report on Supply Chain Compliance 3, no. 16 (August 20, 2020) - “Three senior judges said that South Wales Police had violated the right to privacy under the European Convention on Human Rights, as well as data protection...more

Orrick, Herrington & Sutcliffe LLP

Face-off on Use of Biometric Technology in the UK

In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more

Zelle  LLP

Climate Change for Insurers: When Politics Fail, Flood the Courts

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This article follows on from a series of previous articles seeking to address climate change litigation in the context of insurance and reinsurance. Three different, but important, decisions in December 2019 have once again...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

White & Case LLP

Through the wire – the SFO’s plan to obtain evidence using informants

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An informant is sent into the midst of a criminal gang. He is wearing a concealed device, crudely taped to his chest. Law enforcement agents listen in from the back of an unmarked van parked inconspicuously nearby hoping to...more

Littler

Littler Global Guide - United Kingdom - Q1 2019

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The UK Court of Appeal ruled on January 31, 2019, that shop floor staff working for national supermarket chain could compare their pay and terms to distribution center workers. Over 7,000 mostly female shop floor staff have...more

Proskauer on Privacy

How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

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The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the...more

Jones Day

Climate Change Litigation Heats Up in Europe

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The Ruling: On October 9, 2018, the Hague Court of Appeal upheld the Hague District Court's 2015 first-instance ruling that the Dutch State violated the European Convention on Human Rights ("ECHR") and failed to fulfil its...more

Dorsey & Whitney LLP

Supreme Court Rules Bakery Did Not Discriminate Against Gay Customer

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The Supreme Court has this week handed down judgment in the long-running “gay cake” case (Lee v McArthur and Ashers Baking Company Limited). The bakery, which is in Northern Ireland and run by individuals with strict...more

Hogan Lovells

Top Human Rights Court Denies Right to be Forgotten in Old Murder Case

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On June 28, 2018, the European Court of Human Rights decided that Germany had correctly denied two individuals their “right to be forgotten” requests in connection with press archives relating to a 1991 murder. The two...more

Kelley Drye & Warren LLP

Belgian Court Decision on Jurisdictional Immunity of International Organizations in Employment Disputes

The Brussels Employment Tribunal upheld the immunity from jurisdiction of an international organization in a judgment dated 10 January 2018 (unpublished to date). This judgment differentiates itself from a certain trend in...more

Kelley Drye & Warren LLP

Diplomatic Immunity Denied by the UK Supreme Court in Domestic Servant Case

In Reyes v. Al-Malki decided on 18 October 2017, the UK Supreme Court held that a former foreign diplomatic agent is not entitled to immunity from civil jurisdiction in employment proceedings brought by a domestic servant who...more

Latham & Watkins LLP

When Can an Order Requiring Payment Stifle an Appeal?

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Recent UK Supreme Court decision could have far-reaching consequences for appeals - In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does...more

Katten Muchin Rosenman LLP

Employment Matters – UK - Snooping on Employees' Private Emails

Some of you might recall the case of Mr Barbulescu v Romania in 2016, which involved an employee (Mr Barbulescu), who sent private emails through his personal Yahoo account from an office computer. Some messages were innocent...more

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