Association of Corporate Counsel (ACC)

Welcome back Mr Badertscher







A worker dismissed during part-time parental leave is entitled to "full-time" notice pay

View original document | Send to colleague | Print | Suggest a topic (new)
Shepherd & Wedderburn LLP
European Union
November 17 2009

In Meerts v Proost NV the ECJ held that the Framework Agreement on Parental Leave, annexed to the Parental Leave Directive, entitles workers who are dismissed during part-time parental leave to receive compensation relating to their notice pay based on their full-time salary, rather than their reduced part-time parental leave salary.    

Part-time parental leave is not provided for under the national provisions in the UK, and therefore, on the face of it, this case does not have any direct relevance in the UK. However, the ECJ's comments raise the possibility that provisions in the Employment Rights Act 1996, which mean that employees on parental leave on generous notice periods may receive little or no notice pay if their notice period coincides with that leave, may be contrary to the Directive.

Popular related articles

  1. Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration (Herbert Smith LLP)

    In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

  2. You don't need to be prompt, just don't be too late (MacRoberts)

    On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

  3. Product liability - can defendants be substituted outside the 10-year limitation period? (Bristows)

    In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

  4. Hunton & Williams prepares study for the European Commission on the interaction between data protection law and copyright enforcement (Hunton & Williams LLP)

    On February 3, 2010, Christopher Kuner, a partner in Hunton & Williams' Brussels office and head of the firm's EU Privacy Practice, presented to the "Stakeholders' Dialogue on Illegal Uploading and Downloading," organized by DG Internal Market and Services of the European Commission.

  5. Competition law in transport: review of 2009 (Field Fisher Waterhouse LLP)

    This article describes the main developments in the application of European Competition law in the transport sector during 2009.

  6. T-Mobile and Orange seek EU approval to create largest wireless carrier in the United Kingdom (Patton Boggs LLP)

    Deutsche Telekom AG and France Telecom SA submitted their proposed merger of T-Mobile UK and Orange UK to European Union antitrust regulators for review.

  7. EU approves new standard contractual clauses for transfers to data processors (Hunton & Williams LLP)

    On February 5, 2010, the European Commission adopted a new set of standard contractual clauses ("SCCs") for transfers of personal data from data controllers in the EU to data processors outside the EU.

  8. European Commission passes new e-Privacy Directive requiring mandatory data breach notification by public communications providers (A&L Goodbody)

    The European Commission has passed a new e-Privacy Directive 2009/136/EC (the Directive) which makes it mandatory for public communications providers (ISPs and telcos) to inform national regulatory authorities of any data security breach.

  9. AIFM directive: Spanish presidency publishes issues note on draft versions (Clifford Chance LLP)

    The EU Council has published an issues note prepared by the Spanish Presidency comparing the EU Council's 15 December 2009 compromise proposal and the EU Parliament's draft report by Jean-Paul Gauzès, Rapporteur to the ECON Committee.

  10. Continued competition monitoring for pharma settlement agreements (Bristows)

    In July of last year, a tentative sigh of relief could be heard from the much of innovative pharma sector.

  1. Protecting Jane Doe's privacy: how far must employers go? (Hunton & Williams LLP)

    A recent decision out of the Pennsylvania courts is a caution to employers who are required to produce employee personnel information in responding to court or agency proceedings.

  2. Employee endorsements can now lead to employer liability (Bond Schoeneck & King)

    Under guidelines recently issued by the Federal Trade Commission (“FTC”)—Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255—an employer may now face liability for employee endorsements of its products and services, if the employment relationship is not disclosed.

  3. Recently released DOL budget makes worker misclassification and state paid leave priorities for the next fiscal year (Porter Wright Morris & Arthur LLP)

    On Monday, February 1, 2010, the U.S. Department of Labor (DOL) released its budget for the 2011 fiscal year.

  4. New York Jets coach fined for "off-duty" conduct (Porter Wright Morris & Arthur LLP)

    While attending a Mixed Martial Arts event in Miami, New York Jets head coach, Rex Ryan, apparently made an obscene gesture at some Miami Dolphin fans who were taunting him.

  5. Controversy over NLRB nominee Craig Becker heats up as proponents and opponents race to the finish line (Hunton & Williams LLP)

    On Tuesday, February 4th, the United States Senate Health, Education, Labor, and Pensions ("HELP") Committee called a rare hearing to question Craig Becker, President Barack Obama’s nominee for the National Labor Relations Board ("NLRB").

  6. Take it or lose it (Hammonds LLP)

    In a decision that will warm the hearts of HR professionals and line managers alike, the Employment Appeal Tribunal has held in Lyons v Mitie Security Ltd that annual leave not taken close to the end of the relevant leave year can be lost by a worker, provided that the employer does not operate its leave procedures and conditions so as to deny requests for leave unreasonably.

  7. Ten practical steps to avoid employment liability in 2010 (Dinsmore & Shohl LLP)

    In January the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that 93,277 workplace discrimination charges were filed with the federal agency nationwide during Fiscal Year 2009, the second highest level ever.

  8. Medical marijuana law passes; employers’ accommodation obligations unclear (Ogletree Deakins)

    On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act was signed into law (P.L.2009, c.307).

  9. High Court decision means fundamental changes to OHS prosecutions in NSW (Blake Dawson)

    A recent High Court decision is likely to fundamentally change the investigation and prosecution of alleged safety breaches in NSW.

  10. Employee background checks and references (Bull Housser & Tupper LLP)

    Background checks help assess the suitability of a prospective employee.

  1. Protecting Jane Doe's privacy: how far must employers go? (Hunton & Williams LLP)

    A recent decision out of the Pennsylvania courts is a caution to employers who are required to produce employee personnel information in responding to court or agency proceedings.

  2. Do you have an ESI strategy yet? Companies and in-house counsel sanctioned for poor oversight (Baker Donelson Bearman Caldwell & Berkowitz PC)

    Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.

  3. Tag it and bag it - what you must consider when drafting a digital document retention policy (Ungaretti & Harris)

    Many companies are extremely concerned about retaining every single document in todays electronic age.

  4. Privilege update (Herbert Smith LLP)

    The recent case of Tchenguiz v Imeran [2009] EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on documents) are protected by legal professional privilege.

  5. Two significant Australian copyright decisions handed down (Minter Ellison)

    The Federal Court handed down two significant copyright decisions yesterday.

  6. Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration (Herbert Smith LLP)

    In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

  7. Spanner in works for racing game - High Court interprets IP indemnity (Bristows)

    An indemnity is a promise to be responsible for another's loss arising, most usually, from a breach of contract or warranty.

  8. Lehman bankruptcy decision has potentially broad reaching effects (Locke Lord Bissell & Liddell LLP)

    Last week, the United States Bankruptcy Court for the Southern District of New York issued a decision in the Lehman Brothers bankruptcy proceedings holding invalid a subordination clause within a credit linked synthetic portfolio note transaction (the "Transaction") in connection with which one of the Lehman subsidiaries had entered into a swap agreement.

  9. You don't need to be prompt, just don't be too late (MacRoberts)

    On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

  10. Insolvent tenants: what sums can be recovered from administrators by landlords? (Shepherd & Wedderburn LLP)

    In the current economic climate, landlords are having to deal more frequently with tenants who are in administration.

  1. Abercrombie & Fitch "fiercely" protecting trade mark from use by Beyonce (Shepherd & Wedderburn LLP)

    Clothing company, Abercrombie & Fitch have brought legal proceedings against Beyonce Knowles (often known simply by her first name), seeking to prevent her using the name "Fierce" as branding for an upcoming launch of a perfume range.

  2. BSkyB court victory set to rock the world of IT suppliers (Shepherd & Wedderburn LLP)

    Yesterday BSkyB won a major victory in the long-awaited ruling over their battle with EDS about fraudulent misrepresentations made to win a contract for BSkyB's IT system.

  3. Pixar in the spotlight following allegations of trade mark infringement (Shepherd & Wedderburn LLP)

    Luxo AS (Luxo), the Norwegian lighting company which makes the desktop lamp that inspired the Pixar logo, has filed a complaint suing Pixar and the Walt Disney Company for trade mark infringement.

  4. Insolvent tenants: what sums can be recovered from administrators by landlords? (Shepherd & Wedderburn LLP)

    In the current economic climate, landlords are having to deal more frequently with tenants who are in administration.

  5. Sewerage - the role of planning authorities and the right to connect (Shepherd & Wedderburn LLP)

    The decision of the Supreme Court in the case of Barratt Homes Limited v Welsh Water [2009] UKSC 13, in December 2009 marks the end of a long-running litigation seeking to clarify the extent of rights under the Water Industry Act to connect to sewerage infrastructure.

  6. Chip off the old block: electronic technical measures and copyright (Shepherd & Wedderburn LLP)

    The European Copyright Directive, imported into UK law by Sections 296ZA-ZF of the Copyright, Designs and Patents Act 1988 (CDPA), creates a number of offences in relation to circumventing technological measures designed to prevent infringement of copyright.

  7. Alternative Investment Fund Managers Directive update (Shepherd & Wedderburn LLP)

    In April 2009, the European Commission published the draft Alternative Investment Fund Managers Directive.

  8. Scotch Whisky's eastern advances continue (Shepherd & Wedderburn LLP)

    Back in September 2008 we brought you news of the success of the Scotch Whisky Association in obtaining legal protection in China for the term "Scottish Whisky", helping to secure hard earned revenues in an important market place.

  9. Getting the most out of a refurbishment project (Shepherd & Wedderburn LLP)

    With tough lending conditions in the commercial property sector since the onset of the credit crunch, and - despite the news this week that the UK is officially out of recession - with no clear end yet in sight, it is not surprising that owners, occupiers and funders have shifted their focus from new-build projects to the refurbishment of existing space to deliver enhanced asset values and better working environments or to rationalise or downsize their estate.

  10. Land Agreements Exclusion Order to be repealed (Shepherd & Wedderburn LLP)

    Towards the end of last year, we examined the proposals suggested in the government consultation into the Land Agreements Exclusion Order, in "A ship without a safe harbour - competition law and the property sector".

Most popular articles on Lexology

View original document | Send to colleague | Print

If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.

© Copyright 2006-2010 Globe Business Publishing Ltd