Businesses often need to share personal data with other organisations. For example, an employer may use a payroll service provider to pay its staff. The Information Commissioner’s Office (ICO) has prepared a new code giving practical guidance to organisations on how to share personal data in compliance with the requirements of the UK GDPR and […]
Nov
30
2021
UK: Whistleblowing as a Reason for Dismissal
A draft audit report prepared by Ms Kong, Head of Financial Audit at the bank, raised concerns that a legal agreement relating to a financial product did not provide sufficient protection against risk, which amounted to protected disclosures under the whistleblowing legislation. Their Head of Legal, Ms Harding, disagreed with these views and a discussion […]
Nov
30
2021
UK: Disability Discrimination – Reasonable Adjustments
Ms Aleem, a science teacher, could not continue in her teaching role due to a mental health condition but could work as a cover supervisor, a position with a lower rate of pay. The school continued to pay Ms Aleem at the teacher pay rate temporarily, while she tried the cover supervisor role for a […]
Nov
30
2021
UK: Gig Economy and Employment Status
An individual who provides a personal service would usually be classed as a worker under UK law unless they were able to provide a substitute to provide the services instead. Mr Augustine worked as a courier for Stuart Delivery Ltd. Couriers who signed up for a time slot via a mobile app, committing them to […]
Nov
30
2021
Sweden: Labour Court affirms the Employer’s Managerial Prerogative to Reassign a Convicted Prosecutor
A senior chamber prosecutor was sentenced to probation with supervision for driving under the influence and causing bodily injury. Following the prosecutor’s conviction, the employer reassigned him to a different department for the duration of the probationary period. The prosecutor’s new assignments were of an administrative nature and he no longer had any operational tasks. […]
Nov
30
2021
Poland: President signs the ‘Polish New Deal’ Act
The President has signed the so-called ‘Polish New Deal’ Act, which will enter into force from the beginning of 2022. The Act introduces vast changes to the tax and health insurance contributions system. Although the Polish government announced ‘historical tax cuts’, entrepreneurs and higher earners fear for their finances under the new regulation. Some of […]
Nov
30
2021
India: Overview of the Haryana State Employment of Local Candidates Act, 2020
Authors: Avik Biswas, Vaibhav Bhardwaj and Donavie D’costa On 6 November 2021, the Haryana Government notified a law that requires private sector employers to reserve 75% of jobs that offer a monthly salary of less than INR 30,000 (approximately USD 400) for individuals who are domiciled in Haryana. In this article, we discuss the key […]
Nov
30
2021
Germany: Any Fixed Term Agreed by Means of a “simple” Electronic Signature is Not Valid under German Law
German law contains various regulations on different types of formal requirements, which apply depending on the type of contract or declaration concerned. In particular, the law provides for written form (original document to be signed in wet ink by hand), text form (legible declaration on a permanent medium, e.g. email) and electronic form (qualified electronic […]
Nov
30
2021
France: Paid Leave – Who Bears the Burden of Proof?
A recent decision by the French Supreme Court (“Cour de cassation”) offers a reminder to employers that they have an obligation to enable employees to take their paid leave entitlements and the importance of documenting this. In the case at hand, after the termination of his employment contract, an employee working as a sports instructor, […]
Nov
30
2021
France: Companies to Pay certain Employees a 100 EUR Inflation Allowance
In order to help French nationals and residents deal with the economic hardship resulting from high inflation over the last quarter of 2021, the government has asked Parliament to vote in favour of an inflation allowance, i.e. an exceptional aid of €100 for the most vulnerable, to be financed by the State. The law is […]