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UK: Failure to make reasonable adjustments and constructive dismissal: expectation that employee works long hours was a PCP

The Court of Appeal has confirmed that the expectation (rather than actual coersion) for a disabled employee to work long hours amounted to a “provision, criterion or practice”, potentially triggering the employer’s duty to make reasonable adjustments to remove the (substantial) disadvantage faced by that employee when compared to non-disabled employees.

UK: Pregnancy discrimination – Does an employer who has decided to dismiss an employee have to revisit or revoke that decision if it is subsequently informed that she is pregnant?

The Employment Appeal Tribunal has decided that an employer is not required to revisit or revoke a lawful decision to dismiss after it is notified of an employee’s pregnancy, where it was not aware of the pregnancy at the time it made the decision to dismiss.

Sweden: Unlawful industrial actions taken by sanitation workers give cause to liability for damages exceeding what is considered customary damages

Sanitation workers in Stockholm refused to work or called in sick in order to prevent the employer from conducting an inventory of the keys to the facilities in their area of operations. Court ruling held that the industrial actions were deemed unlawful and that the importance of functioning sanitary services in the community should be considered when deciding upon damages.

Spain: When is a worker considered as a bogus independent contractor?

The Supreme Court recognizes the employment relationship of a worker registered in the special regime for self-employed workers, who provided the services for the company that had hired him for the execution of works for the installation and repair of lifts. The notes of dependence, alienation and voluntariness are met although he was not subject to a timetable, the holidays were not imposed by the company and he used his own means such as boots, gloves, helmet, vehicle and mobile phone.

Romania: Teleworking is regulated for the first time in Romanian legislation

A new Law that defines and regulates teleworking was adopted early this March. For the first time working from a distance is recognized and regulated under Romanian Law. Employees that work from home or from any other place organized by the employer for working at a distance will establish an employment relationship and will enjoy all the benefits a regular employee has.