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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
Disability discrimination: associative discrimination prohibited; voluntary workers without contract not protected
- Herbert Smith Freehills LLP
- -
- 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
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
UK default retirement age: ECJ sends case to High Court to decide lawfulness
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
- -
- March 6 2009
The ECJ has ruled that the UK default retirement age is covered by EU age discrimination law but can in theory be justified by legitimate social policy objectives
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