The government has published a technical notice on workplace rights in the event of a no-deal Brexit
Sep
24
2018
UK: Corporate governance
Draft legislation has been published to implement a package of corporate governance reforms aimed at increasing boardroom accountability
Sep
24
2018
UK: Disability discrimination: discrimination arising as a result of disability
The Court of Appeal has considered whether discrimination arising as a result of disability occurred where the employer dismissed a disabled employee without knowing that the misconduct arose from their disability.
Sep
24
2018
UK: Agency workers: zero hours contracts
The EAT has found that an employee on a zero hours contract was an agency worker because of the temporary nature of his assignment
Sep
24
2018
UK: Privilege: iniquity exception to legal advice privilege
Evidence does not have to be provided to a third party or court if it is privileged. Legal advice privilege applies to confidential communications between lawyers and their clients if it is made for the purpose of seeking or giving legal advice. However, legal advice privilege does not apply if the advice is given for the purpose of facilitating crime or fraud (the iniquity exception). The EAT recently considered whether an email that suggested ‘cloaking’ discrimination in a redundancy exercise was covered by legal advice privilege
Sep
24
2018
USA: NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard
The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The proposed rule will adopt the pre-Browning-Ferris standard for determining if two or more employers are joint employers of employees
Sep
24
2018
UAE: Cabinet Resolution Seeks to Support Individuals with Disabilities in the Workplace
The law seeks to support individuals with disabilities in the workplace, and in particular those working for certain government and private sector organisations, by introducing a legislative framework in which such organisations are required to adhere to, with respect to their recruitment and employment practices
Sep
24
2018
Sweden: Court ruling on discrimination, because of an applicant’s religious belief to refuse physical contact with the opposite gender
The Labour Court ruled that an applicant for a position as interpreter was subject to discrimination when the hiring company cancelling the interview because the applicant, due to her religious belief, declined to shake hands with a representative of the company
Sep
24
2018
Spain: The National High Court has been pronounced on the calculation and enjoyment of paid leaves
The National High Court, interpreting the jurisprudence of the Supreme Court on family paid leaves, considers that, with the exception of the marriage paid leave (long paid leave), all others (short paid leave) must begin on a work day, and in the calculation they should only be taking into consideration working days. Conversely, the marriage leave must be calculated for calendar days
Sep
24
2018
Romania: New rules for the providers of job placement services
The Government has issued a Decision regulating new rules for EU/EEA based companies that provide job placement services for Romanian employees looking for employment abroad, similar to the ones imposed on Romanian agents that provide job placement services