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Necessity the mother of implication?
- Squire Sanders
- -
- United Kingdom
- -
- November 30 2010
Businesses with concerns about inadvertently finding themselves the employer of people they thought were agency workers may be comforted by the recent Court of Appeal case of Alstom Transport v Tilson
EAT examines obligation to consider “bumping”
- Squire Sanders
- -
- United Kingdom
- -
- November 24 2010
With many employers continuing to review staffing levels a recent EAT decision highlights the importance of knowing your pooling from your bumping when making staff redundant
ECJ rules Spanish “breastfeeding” law unjustified
- Squire Sanders
- -
- European Union, Spain
- -
- October 22 2010
In Spain female employees are allowed to take time off work - up to an hour during the day or a half-hour reduction in the working day - to feed a baby under nine months of age
Employer liable for loss of earnings arising from poor reference
- Squire Sanders
- -
- United Kingdom
- -
- October 22 2010
Employers are often nervous about giving references at the best of times, but how do you go about drafting one for an ex-employee who has previously brought a claim against you?
German compulsory retirement age is lawful, says ECJ
- Squire Sanders
- -
- European Union, Germany
- -
- October 22 2010
Earlier this month the ECJ gave a welcome boost to employers looking to retain a contractual retirement age when it confirmed that a provision in a collective agreement requiring employees to retire at 65 was lawful
Territorial scope of discrimination legislation: impact of the Equality Act
- Squire Sanders
- -
- United Kingdom
- -
- September 20 2010
There has been a spate of cases this year concerning the rights of overseas employees to bring claims in the Employment Tribunal: a reflection of the increasingly globalised nature of today's workforce
Redundancy during maternity leave: suitable available vacancies
- Squire Sanders
- -
- United Kingdom
- -
- September 20 2010
Employees facing redundancy whilst on maternity leave are in a stronger position than their colleagues
‘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?
