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Results: 1-10 of 47

ECJ rules Spanish “breastfeeding” law unjustified

  • Squire Sanders
  • -
  • European Union, Spain
  • -
  • October 22 2010

In Spain female employees are allowed to take time off work - up to an hour during the day or a half-hour reduction in the working day - to feed a baby under nine months of age

German compulsory retirement age is lawful, says ECJ

  • Squire Sanders
  • -
  • European Union, Germany
  • -
  • October 22 2010

Earlier this month the ECJ gave a welcome boost to employers looking to retain a contractual retirement age when it confirmed that a provision in a collective agreement requiring employees to retire at 65 was lawful

Whistleblowing: disclosure made in previous employment can result in claim against current employer

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • April 21 2010

The Employment Appeal Tribunal ('EAT') has ruled in BP v Elstone 2010 UKEAT014109DM that a worker can bring a whistleblowing claim against his current employer in respect of its response to a protected disclosure he made whilst working for a different previous employer

‘Principle of uniform collective bargaining agreements’ overturned

  • Squire Sanders
  • -
  • Germany
  • -
  • August 18 2010

Until recently German case law - under the 'principle of uniform collective bargaining agreements' - provided that where there is more than one applicable collective bargaining agreement in a particular business operation, only one of the agreements can apply

“Without prejudice” rule remains intact

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • August 18 2010

The "without prejudice" rule provides that written or oral communications which are made for the purpose of a genuine attempt to compromise a dispute between parties may generally not be admitted in evidence

No need to conclude grievance procedure before dismissal

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • August 18 2010

What should you do when an employee raises a grievance at the same time as dismissal or disciplinary action is proposed?

Age discrimination and redundancy

  • Squire Sanders
  • -
  • Germany
  • -
  • June 14 2010

Earlier this year the German Federal Employment Court ruled on the issue of age discrimination in respect of redundancies (Case 6 AZR 91108

Employer liable for loss of earnings arising from poor reference

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • October 22 2010

Employers are often nervous about giving references at the best of times, but how do you go about drafting one for an ex-employee who has previously brought a claim against you?

Breaches of a contractual disciplinary procedure may lead to damages

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • June 18 2010

A claim for damages resulting from breaches of a contractual disciplinary procedure can succeed, the Court of Appeal has held in Edwards v Chesterfield Royal Hospital NHS Foundation Trust 2010

Employer defeats claim for holiday pay

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • August 18 2010

It is so far only a Tribunal decision but Khan v Martin McColl suggests that employers may be able to defeat claims for holiday pay stretching back over a number of years simply by paying for the most recent holiday year