News & Analysis as of

Court of Justice of the European Union (CJEU) Employment Litigation

Fisher Phillips

Workday Ruling: How Europe’s Top Courts Raised the Bar for Employee Data Protection

Fisher Phillips on

Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more

Ius Laboris

Double discrimination against part-time workers

Ius Laboris on

The European Court of Justice recently found that a collective agreement provision on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of...more

Hogan Lovells

German Federal Labour Court (BAG): Recording working time legally compliant – but how? Can the reasons of the BAG for its decision...

Hogan Lovells on

In a surprising decision of 13 September 2022 (1 ABR 22/21), the BAG ruled that companies are already obliged to introduce a system for recording working time. With this decision, the BAG has surpassed the German legislator:...more

Hogan Lovells

Worker entitled to carry taken but unpaid holiday forward to end of employment

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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

BCLP

UK HR Two Minute Monthly - October 2021

BCLP on

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

BCLP

UK HR Two Minute Monthly: disability discrimination; TUPE; employment status

BCLP on

As we move towards a ‘new normal’, our August 2020 update outlines some of the key non-COVID related employment law developments in the UK over the last month. It includes a TUPE-related ECJ judgment which takes a different...more

Hogan Lovells

Employment News: whistleblowing; unions; holidays

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It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Hogan Lovells

Employment News: shared parental leave, working time, disability discrimination

Hogan Lovells on

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

Hogan Lovells

Employment News: jurisdiction, constructive dismissal, whistleblowing

Hogan Lovells on

Home or away – hearing claims against international defendants - Two recent cases, one in the CJEU and one in the EAT, found that courts and tribunals in Great Britain had jurisdiction in principle to hear claims against...more

Orrick - Employment Law and Litigation

To-Do’s for Employers in Germany: No More Automatic Forfeiture of Vacation Entitlements

Introduction - The German Federal Vacation Act (Bundesurlaubsgesetz) provides that vacation has to be approved and taken in the current calendar year. The employee is meant to actually take the vacation and enjoy a rest....more

Littler

Littler Global Guide - European Union - Q2 2018

Littler on

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

Hogan Lovells

Employment news - March 2018

Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...more

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