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Employment
- Squire Sanders
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- United Kingdom
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- December 22 2009
In what is a potentially worrying development for employers, the Employment Appeal Tribunal held last week in Industrious Limited v (1) Horizon Recruitment Limited (in liquidation) (2) Vincent that an Employment Tribunal has the jurisdiction to determine whether or not an otherwise validly entered into compromise agreement can be set aside because of misrepresentation, i.e. a false statement made by the employer which induces the employee to sign up where he would not otherwise have done so
No intent to harm required for claims for moral harassment under French law
- Squire Sanders
- -
- United Kingdom
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- December 22 2009
On 10 November 2009, a landmark case was handed down by the French Supreme Court ("Cour de cassation") which has significantly opened the way for future claims for moral harassment ("harcèlement moral") in France
Terminating a pregnant worker’s employment during the probationary period
- Squire Sanders
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- Spain, United Kingdom
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- December 22 2009
Under Spanish law, the dismissal of a pregnant employee will generally be found to be invalid, with the consequent obligation on the employer to reinstate the employee to her job and to pay her the wages that would have been due to her from the dismissal until the date of the judgment
‘Associative discrimination’ latest developments
- Squire Sanders
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- United Kingdom
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- November 25 2009
Employers and HR staff will no doubt recall the case concerning Sharon Coleman and her former employer Attridge Law in which Ms Coleman alleged that she had been discriminated against for trying to take time off to care for her disabled son
Swearing at your boss may be OK in Spain!
- Squire Sanders
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- Spain, United Kingdom
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- October 29 2009
Following a decision by Catalunya’s Superior Court of Justice earlier in the year, it seems that serious verbal abuse of a more senior colleague may not always be a ground for dismissal
Changes to Sunday working in France
- Squire Sanders
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- France
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- October 29 2009
Sunday working in France has always been governed by strict legal rules
France extends the duration of short-time work benefit
- Squire Sanders
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- France
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- October 29 2009
From 2 September 2009, the French Government increased the maximum period of State benefit for employees on short-time work from 800 to 1,000 hours per year
“Having a sickly time. weather awful...”
- Squire Sanders
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- European Union, United Kingdom
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- October 29 2009
The recent European Court of Justice decision in Pereda v Madrid Movilidad SA that a worker who is sick during his statutory annual leave is entitled to take a replacement period of leave at a later date (even outside the current leave year) has caused much consternation amongst employers and HR teams in particular, not the least because of the potential for abuse and the additional cost implications
Parental leave could increase to four months
- Squire Sanders
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- European Union
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- August 20 2009
European employer and trade union representatives (the so-called "Social Partners") have recently agreed that the minimum period of parental leave should increase from three to four months
Other European news in brief
- Squire Sanders
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- European Union
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- August 20 2009
On 1 July 2009 France’s national minimum hourly wage increased from 8.71 to 8.82
