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Service-related statutory notice provision held to be discriminatory
- Squire Sanders
- -
- European Union, Germany
- -
- February 25 2010
The notice periods to be given by employers terminating an employee's employment under German law are regulated in Paragraph 622(2) of the German Civil Code
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
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
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?
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
Employee’s suicide highlights employers’ psycho-social responsibilities
- Squire Sanders
- -
- France
- -
- April 30 2010
The suicide of a France Telecom employee in August 2009 has resulted in the criminal prosecution for accidental manslaughter by the Besancon Prosecutor's Office of both the employer and the individual manager of the area where the employee worked
Employers under a duty to ensure that working time limits are observed
- Squire Sanders
- -
- Germany
- -
- April 30 2010
The Cologne State Employment Court recently handed down its judgment in a case concerning working time
