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Agency workers: government's proposals for implementing EU law
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- June 5 2009
The government has set out its proposals for implementing the new EU Directive on agency workers
Working time: EU law allows employees to reclaim holiday if they are ill
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- October 2 2009
A worker who is sick during statutory holiday should be allowed under EU law to take the holiday at a later date, if necessary in the following holiday year, according to the ECJ
Age discrimination: employers can continue to rely on default retirement age of 65
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- October 2 2009
It is not unlawful age discrimination for an employer to dismiss an employee on the grounds of retirement at age 65 or over
EU requires changes to UK law on works councils and discrimination
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- December 4 2009
The government is consulting until 12 February 2010 on changes to the European Works Council regulations required by a revised EU Directive and due to come into force on 5 June 2011
Disability discrimination: associative discrimination prohibited; voluntary workers without contract not protected
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- December 4 2009
The EAT has upheld a tribunal ruling that UK disability discrimination law can be construed to comply with ECJ case law prohibiting discrimination on the grounds of association with a disabled person
Pregnant employees: EU law permits cessation of allowances for specific tasks no longer being performed
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- August 9 2010
The ECJ has ruled that a pregnant employee who is suspended or moved to a new role on health and safety grounds must continue to receive any allowance related to occupational status eg seniority, length of service or qualifications
TUPE: may apply to service company employees working in business being transferred
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- November 5 2010
The ECJ has ruled that the Acquired Rights Directive on the transfer of undertakings can apply where a business is being sold by an operating company but the employees assigned to work in that business are actually employed by a service company in the group
Age discrimination: ECJ endorses the use of default retirement ages but condemns severance schemes which may force employees to take early retirement
- Herbert Smith Freehills LLP
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- European Union
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- November 5 2010
The ECJ has ruled that a German law providing for a default retirement age to be set by collective agreement, and the collective agreement setting that age at 65, were justified
EU proposals on maternity leave and the gender pay gap
- Herbert Smith Freehills LLP
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- European Union
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- March 8 2010
The European Parliament is to consider proposals put forward by its Women's Rights Committee to extend the minimum period of maternity leave from 14 to 20 weeks, on full pay
New European Works Council rules
- Herbert Smith Freehills LLP
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- European Union
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- June 7 2011
Amendments to regulations on European Works Councils came into force on 5 June 2011, giving effect to the recast EU Directive
