An investigation requested by the Norwegian government has proposed changes in how holiday pay is accrued and paid out in Norway....more
Brückentage sind beliebt. Arbeitgeber erhalten daher häufig Urlaubsanträge von gleich mehreren Arheitnehmerinnen und Arbeitnehmern. Nicht selten lässt sich zu Jahresbeginn ein regelrechtes Wettrennen bei der Einreichung der...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
The regulatory landscape for UK employers has evolved significantly over the second half of 2023. New legislation is in force or is due to come into force over the next 12 months, covering a variety of employment-related...more
In Ottawa Police Services Bd. v. Ottawa Police Assn., 2023 ONSC 6225, the Ontario Superior Court of Justice (Divisional Court) (Ont. SCJ (Div. Ct.)) quashed an arbitrator’s decision allowing two grievances that claimed...more
The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through...more
In a recent decision under the Labor Relations Act, 1995, Arbitrator Adam Beatty dismissed four union grievances concerning the National Day of Mourning, which was declared following the death of Queen Elizabeth. The grievors...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
The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated....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
Cashiered – supermarket staff succeed in Supreme Court - To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more
On 28 September 2020, new regulations introduced an obligation on people to self-isolate where they have been advised to do so through the NHS track and trace system or where they or someone they live with has tested positive...more
The coronavirus pandemic has had an enormous impact on how businesses operate around the world. To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s...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
Various changes to employment law are coming into force over the next few months which should prompt employers to consider reviewing and, where necessary, updating their employment documentation and/or processes. Five...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
With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more
The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an employee is done “in the course of employment” making the employer liable. The claimant had seen a colleague’s social media post featuring a...more
Noteworthy – no holiday pro-rating for "part year" music teacher - In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only...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...more
The Relationship Between Sickness and Paid Holiday Leave to Suspend the Period of Retention of Employment Due to Illness - Precedential Decision by Judiciary or Regulatory Agency - On April 17, 2019, the Supreme Court...more
Enhanced Shared Parental Pay Lower than Enhanced Maternity Pay Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On May 24, 2019, the UK Court of Appeal held that it is not discriminatory...more
No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...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