Last week the UK government announced that it was planning to make changes to the Working Time Regulations and one aspect of TUPE. It has now published a consultation paper providing further detail about the proposed reforms....more
The government has announced that it will not repeal most retained EU law at the end of the year as originally planned. However, it is planning to use Brexit-related freedoms to amend some aspects of the Working Time...more
The German Federal Ministry of Labor and Social Affairs had announced a draft bill for the first quarter to implement the requirements of the European Court of Justice and the German Federal Labor Court on the recording of...more
In separate developments, the UK government announced two potentially significant changes for employers. The Retained EU Law (Revocation and Reform) Bill could mean that at least some EU-derived employment law will expire on...more
Mit seinem Beschluss vom 13. September 2022 hat das Bundesarbeitsgericht (BAG) anlässlich eines Streits um Rechte des Betriebsrats bei der Arbeitszeiterfassung beiläufig mitgeteilt, dass Arbeitgeber verpflichtet sind, die...more
The UK’s Supreme Court has confirmed that “part year” workers are entitled to 5.6 weeks’ holiday. Their holiday entitlement should not be pro-rated to reflect their actual hours of work, even though this means that they get...more
In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more
The European Court of Justice ("ECJ") issued a landmark ruling in 2019 that obligated EU Member States to require employers to establish an objective, reliable, and accessible system for recording the hours worked each day by...more
Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more
The European Court of Justice recently held that EU member states must require employers to set up an “objective, reliable, and accessible system” to measure each worker’s daily working hours in order to satisfy the Working...more
The Situation: On May 14, 2019, the Grand Chamber of the European Court of Justice ("ECJ") issued a Judgment mandating that EU Member States require employers to register the daily working time of their employees. The...more
The new Working Time Act addresses changes in the labor market and in working life. It also responds to the requirements of the Working Time Directive and its interpretative practice. The changes will take effect on January...more
In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared...more
Court Holds Member States Must Require Employers to Adopt Systems to Record All Employee Working Time - Precedential Decision by Judiciary or Regulatory Agency - On May 14, 2019, the European Court of Justice (ECJ)...more
The European Court of Justice ("ECJ") recently ruled that all employers in EU Member States must implement a daily registry of employee working hours. This White Paper chronicles the judicial history that led to this landmark...more
Fatherhood penalty – statutory shared parental pay not discriminatory - In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
German Church's Religious Occupational Requirement Subject to Judicial Scrutiny - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2018, the European Court of Justice (CJEU) held that German laws...more
France’s labor code does not ordinarily consider an employee’s commute as effective working time. When the commute’s length surpasses the usual trip between one's home and the workplace, however, the employee must be...more
The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a...more