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Belgium – the double or triple whammy of employment protection indemnities

In Belgian law, there are certain periods of employment during which there are greater than usual restrictions on an employer’s ability to dismiss an employee. These include periods of maternity, parental and other types of care leave. Parting company with employees during any period when they are protected against dismissal can become a costly affair, … Continue Reading

For the sake of argument  – EAT reviews without prejudice rules (UK)

Christmas being a season of peace on Earth and goodwill to all men, so they say despite all the evidence, here is a quick festive look at just how confrontational things have to become in order to constitute a dispute at law. The question is a surprisingly important one, since on the existence of a … Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 2 of 2)

Welcome to Part 2 of the 2021 Year-End Edition of the State Law Round-Up, covering states in the second half of the alphabet. Part 1, covering the first part of the alphabet, can be found here. Maine:  Maine’s “ban-the-box” law, HP 845, went into effect October 18, 2021.  The law prohibits private employers from requesting … Continue Reading

Post-lockdown flexible working, Part 6 – when childcare goes bad (UK)

Time to answer another interesting question which came up at our Managing Working Parents webinar a couple of weeks ago: Where the employee is unable to come into work for childcare reasons, what are my duties to provide him with work suitable to be done from home?  This was a question which we might have … Continue Reading

HMRC quizzed by Parliamentary Treasury Committee on Job Retention Scheme (UK)

Here is a quick glimpse behind the scenes of parliamentary process – some highlights from the Parliamentary Treasury Committee meeting yesterday when officials from HMRC were quizzed by the Committee about the Coronavirus Job Retention Scheme, plus some thoughts of our own in bold. The new scheme will be up and running on 20 April … Continue Reading

Extending redundancy protection for new parents (UK)

The UK government last week issued a consultation on “extending redundancy protection for women and new parents”. The proposals would mean that women who have recently returned to work after a period of maternity leave would have the same protection as women on maternity leave in a redundancy situation.  The government’s provisional view is that … Continue Reading

Employee pregnancy – is ignorance the best defence?

They do say that maternity in the workplace can be an unsettling and confusing time, leaving you confronting new questions and situations that no one has really prepared you for, and where the guidance comes at you from a range of sources as wide as they are inconsistent. Anyway, enough about employers.… Continue Reading

When Mummy doesn’t necessarily know best – mediation and maternity rights claims

At the end of my post on Maternity Action’s report on unfair redundancies, I mentioned a number of the reasons why many recent mothers do not raise complaints about their perceived treatment at the hands of their employer. These included a fear of creating bad feeling with their employer or colleagues, a lack of information, … Continue Reading

New proposals for post-Brexit maternity protection – use German law

Back in March 2016 I posted a piece querying the headlines over an Equalities and Human Rights Commission report on maternity and pregnancy discrimination at work. The short point was that the report did not justify the apocalyptic headlines about the treatment of women who were pregnant or on maternity leave. Looked at close up, … Continue Reading

Recent redundancy exercises – learning points for HR, part 4

Managing redundancy for those on maternity leave Many employers get nervous when carrying out redundancy exercises if the selection pool includes a woman who is pregnant or on maternity leave.  The risk of a claim for discrimination or an unfair dismissal claim if she is made redundant is often on their mind. The fact that … Continue Reading

Startling statistics published on maternity-related discrimination in the UK – but don’t believe everything you read

I have never been pregnant, nor do I anticipate any change in that position. The comments which follow concerning last week’s report from the Equality and Human Rights Commission on pregnancy and maternity-related discrimination must please be seen in that light.  However, I hope I have at least retained the ability to distinguish between fact … Continue Reading
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