An interesting employment tribunal decision has been handed down in the case of Afshar and others v Addison Lee: https://shorturl.at/Svqn3. In finding that the Addison Lee drivers were workers and not self-employed, the...more
In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more
During January the UK government introduced legislation to impose minimum service level requirements in some sectors during industrial action. It is also consulting on how to calculate holiday entitlement for part year and...more
Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more
Companies and their workforces are in unprecedented circumstances, with COVID-19 changing situations and advice on a frequent basis. In this checklist, we have set out below the key issues faced by employers across France,...more
Our December 2019 update outlines the key UK employment law developments over the last month. It includes cases on covert surveillance, sexual orientation discrimination when there is no identifiable victim, harassment under...more
The European Court of Justice recently concluded that remuneration for the minimum required period of annual leave under EU law must not be less than the employee’s normal average pay during periods of actual work....more
Der Europäische Gerichtshof (EuGH) hat mit seinen beiden Urteilen vom 6. November 2018 (C-684/16 (Shimizu) und C-619/16 (Kreuziger)) entschieden, dass Urlaubsansprüche zum Ende eines Bezugszeitraums (regelmäßig des...more
On November 6, 2018 the European Court of Justice (ECJ) passed judgment on two German cases (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu [C-684/16] and Kreuziger v Land Berlin [C-619/16]) concerning...more
In King v The Sash Window Workshop Ltd and another (C-214/16), the European Court of Justice (ECJ) considered whether a worker was entitled to be paid on termination for periods of accrued but untaken holiday going back...more
On November 29, 2017 the European Court of Justice (ECJ) ruled that misclassified self-employed contractors who are really workers or employees could claim back holiday pay all the way to 1996—the year that the European...more
The Court of Justice of the European Union has decided, in the case of King v The Sash Window Workshop Ltd, that where an individual has been mis-categorised as self-employed instead of as a worker, then the associated...more
In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more
Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law in the...more
News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more
Britain and the EU have traditionally had a distant relationship, with Britain often choosing to keep an arm’s length from its continental partners. This inclination may soon become a political reality when the UK votes on...more
The potential that Britain will exit the European Union (“Brexit”) after an upcoming referendum on June 23 raises issues for employers. The EU is a major source of current UK employment law. The laws relating to...more
Switzerland is a democratic country with a population of almost 8 million people, located in the heart of Europe and comprised of 26 cantons, also known as districts, that operate utilizing three official languages: French,...more
In This Issue: - Meal and Rest Break Compliance In The Post-Brinker Era - European Court of Justice: Commissions May Need to be Included in Holiday Pay - Excerpt from Meal and Rest Break Compliance In The...more