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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

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

No intent to harm required for claims for moral harassment under French law

Squire Sanders
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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

‘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

“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

French Supreme Court seeks to curtail employers’ discretion

Squire Sanders
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France
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June 26 2009

The Employment Chamber of the French Supreme Court recently ruled that whilst employers retain the right to grant bonuses to some employees and not others, any difference in treatment must be justified in an objective manner

Are workers on long-term sick entitled to paid annual leave?

Squire Sanders
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United Kingdom
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June 26 2009

Believe it or not, the Tribunals and Courts have been debating this issue since 2003 when Mr Ainsworth and his colleagues first presented their claims for unpaid holiday pay

Careless talk, costs, lies

Squire Sanders
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United Kingdom
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May 28 2009

In Daleside Nursing Home v Matthew the Employment Appeal Tribunal decided earlier this year that an Employment Tribunal should have considered a costs award on the grounds of unreasonable behaviour against a Claimant found to have lied about a central plank of her allegations

Be clear about the termination date

Squire Sanders
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United Kingdom
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April 23 2009

Negotiations over the terms of a Compromise Agreement can sometimes become protracted and the proposed termination date set out in the draft Agreement may come and go