A worker dismissed during part-time parental leave is entitled to "full-time" notice pay
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
-
The recent case of the European Commission v Bavarian Lager has provided useful guidance for public bodies faced with a request to disclose public documents (eg under the Freedom of Information Act), but concerned disclosing personal data (such as names) included in the documents.
-
In July, the Court of Justice of the European Union (CJEU) ruled on the case Protakabin Ltd and Portakabin BV v Primakabin BV in the Netherlands, which involved use of registered trade marks as sponsored keywords.
-
The decision of the Finnish Supreme Court in the Fujitsu case delivered on 9 March 2010, pursuant to which Fujitsu was ordered to pay almost €3 million to dismissed employees, has relevance for Irish employers, particularly those within an international group.
-
The Commission's Reflection Group on Digitisation, established in April 2010, has now launched its consultation and seeks views on how to boost the online presence of Europe's cultural heritage.
-
On 18 August 2010 the UK Ministry of Justice launched a "Call for Evidence and Views" to inform its response to a European Commission Green Paper on a European contract law.
-
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
-
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
-
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
-
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
-
Employers are increasingly tracking their employees' whereabouts as smartphones, laptops, and vehicles equipped with location-tracing technology become ever more prevalent.
-
A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale.
-
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
-
An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently.
-
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
-
Set-off effectively allows one person to deduct from sums he owes to another, amounts that the other person owes to him.
-
Earlier this year the English High Court considered the issue of rent and administration expenses.
-
Dismissals connected to a TUPE transfer will be automatically unfair unless they are for an economic, technical or organisational reason entailing changes in the workforce (an "ETO" reason).
-
Microgeneration or fuel cell technology is one of the best renewable energy sources.
-
The Regulator describes the covenant as an "employer's legal obligation to fund the pension scheme now and in the future" and has stated that "the strength of it depends upon the robustness of the legal agreements in place and the likelihood that the employer can meet them".
-
In Wardle v Credit Agricole Corporate and Investment Bank the EAT has confirmed that awards for discriminatory dismissals can include compensation for career-long loss.
If you are interested in submitting an article to Lexology, please
contact Andrew Teague at ateague@lexology.com.
