The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. The Court also examined who is a “whistleblower” protected by the Dodd-Frank Act, President Donald Trump’s travel ban executive order, and the federal bar on states legalizing sports betting. The conclusion of the term also brought news that Justice Anthony Kennedy is retiring from the Court, effective July 31, 2018. Justice Kennedy was confirmed to the Supreme Court in February 1988 by a vote of 97-0. His departure will leave a vacancy on the nine-member Court
UK: Employment Tribunals: quarterly statistics
The practical impact of the abolition of employment tribunal fees in July 2017 is now being felt
UK: Guidance: ‘Dress codes and sex discrimination – what you need to know’
The Government Equalities Office has published a short guidance on dress codes and sex discrimination for employers, employees and job applicants
UK: Trade Secrets (Enforcement etc) Regulations 2018 in force
Historically, confidentiality obligations for employees, workers and self-employed contractors have been regulated by the contract and by court decisions
UK: “Pattern of behaviour” can amount to gross misconduct
The Employment Appeal Tribunal (EAT) has found that an employee’s summary dismissal for a “pattern of behaviour” was fair, even though no act on its own amounted to gross misconduct
UK: Constructive dismissal – the “last straw”
If an employer commits a serious breach of contract or a series of acts that are not serious individually but they take on that character when considered cumulatively, the employee may be entitled to resign in response and claim constructive dismissal. The Court of Appeal (the UK’s second highest court) recently considered whether an employee could rely on the employer’s earlier breaches if they carried on working but then resigned in response to a “last straw” event
UK: The gig economy and employment status
With the recent cases on employment status in the gig economy, courts have had to grapple with the facts of the particular case; looking beyond the terms of the written documentation, and considering whether personal service is required and if there is a genuine right to provide a substitute, as well as looking at questions of control, risk and subordination
UAE: Ministerial Decree Number 212 of 2018 on Regulation of Employing Nationals in the Private Sector
The law has been issued by the Ministry of Human Resources and Emiratisation (MHRE) and repeals Ministerial Resolution No. 176 of 2009 which imposed restrictions on termination of UAE nationals employed in the private sector and Ministerial Resolution No. 293 of 2015 which set out the rules and procedures pertaining to the recruitment of UAE nationals. The decree is yet to be published in the official gazette
Spain: The Labor Court declares for the first time the labor relationship of the riders of Deliveroo
The Labor Court has stated in its Judgment of 6 June 2018 that the riders of the Deliveroo platform are employed workers. Therefore, the Labor Court considers that the end of the relationship between one of the workers of Deliveroo must be qualified as an unfair dismissal
Saudi Arabia: Decision 488 dated 14/9/1439H approving the anti-harassment law
The new law was published in the Legal Gazette on 24 Ramadan 1439 H, equivalent to 8 June 2018. Decision 488 dated 14/9/1439H, comes into force on the day of its publication in the Official Gazette and is aimed at combating the crime of harassment, in order to safeguard the individual’s privacy, dignity and personal freedom