National Rubrique
TUPE: employee liability information extends beyond contractual particulars of employment
Background Law Regulation 11 of TUPE 2006 provides that the outgoing employer (the transferor) must provide the incoming employer (the transferee) with certain classes of information about the transferring employees. This information is known as the "employee...
Courts cannot weigh in on redundancy’s expedience, because this is competence of the employer not the courts
The Supreme Court of Lithuania recently affirmed that the courts have no competence to assess whether an employer’s decision to restructure and make staff redundant has been expedient and reasonable, owing to the fact the employer on its own decides which position is...
ONLINE RESIGNATION: WHAT HAS CHANGED
As of 12 March 2016, with the entry into force of Legislative Decree 151/2015, Article 26, resignation and contract termination by mutual agreement notified by employees (including apprentices and workers under a fixed term contract) will only be effective if...
New whistleblowing framework for financial institutions
Background In June 2013 the Parliamentary Commission on Banking Standards (PCBS) published its report, Changing Banking for Good, setting out proposals for reform of the banking sector. This included a number of recommendations aimed at ensuring that banks have...
Legal advice privilege where lawyers assist clients with regulatory investigations
The documents in question were prepared by external lawyers for an Executive Steering Group formed by RBS (ESG). RBS noted, and the court accepted that, ESG's role was to "oversee the regulatory investigations and related litigation" in relation to allegations of...
Holiday entitlement of part-time workers must be recalculated if working hours increase
Background The ECJ has previously decided that it is unlawful for member states to have national laws which reduce the accrued holiday entitlement of workers when they move from full-time to part-time work (Zentralbetriebsrat der Laneskrankenhauser Tirols v...
Sickness absence: attendance management policies are subject to the duty to make reasonable adjustments
Background law Section 20(3) of the Equality Act 2010 imposes a positive duty on employers to make reasonable adjustments for disabled workers where a provision, criterion or practice (PCP) places the disabled person at a disadvantage in comparison with those...
Barbulescu and the private character of workplace communications
In the age of social media, the recent decision of the European Court of Human Rights in the case of Barbulescu v Romania attracted considerable press attention. Various publications suggested that it gave employers free reign to rifle through an employee's personal...
Gender pay gap reporting: further details of new regime published
The Government’s response to the Closing the Gender Pay Consultation (Consultation) was published on 12 February 2016. For more information about the Consultation you can read our detailed report here. We report below on the conclusions set out in the response paper...
Holiday pay: EAT says Working Time Regulations 1998 can be interpreted to include commission in holiday pay
Background and facts The European Working Time Directive (WTD) provides that workers have the right to paid annual leave. Whilst the WTD does not specify how such payments are to be calculated, our domestic Working Time Regulations 1998 (WTR) provide that...