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ECJ rules Spanish “breastfeeding” law unjustified
- Squire Sanders
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- European Union, Spain
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- 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
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