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New rights for agency workers

Herbert Smith Freehills LLP
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European Union, United Kingdom
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September 14 2011

The landscape for agency workers is about to change

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

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

Tax: VAT charge on retail vouchers

Herbert Smith Freehills LLP
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European Union
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October 1 2010

The European Court of Justice has ruled that part payment of salary to employees in the form of retail vouchers is a taxable supply for VAT purposes

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

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

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

Termination during parental leave: EU right to full salary notice pay

Herbert Smith Freehills LLP
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European Union, United Kingdom
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December 4 2009

Employers may face arguments that an employee dismissed while on parental leave must always be paid full salary in respect of their notice period

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

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