Germany is considered a leading industrial nation in many areas of business and technology but when it comes to law and formal requirements it is still rather traditional. For entrepreneurs doing business in Germany for the first time this may come as a surprise. German legal practice still widely depends on original handwritten signatures and … Continue Reading
As MPs debate the Trade Union Bill (see our initial summary https://www.employmentlawworldview.com/uk-trade-unions-get-the-bill-for-transport-strikes/), the issue for employers is whether the Bill is political or practical and whether the tightening of the rules on picketing will actually backfire, resulting in unions using more unorthodox methods to achieve their objectives. The Bill has come in for a lot … Continue Reading
Are you struggling how to know how to calculate holiday pay at the moment? Do you add in commissions or overtime or not? If you need some reasonably definitive guidance on these issues, perhaps I could steer you firmly away from the very recent Acas publication on the point, which with the best will in … Continue Reading
In the first two parts of this series (part 1, part 2) we looked at how the Courts still regard the 2002 judgment in Hatton –v- Sutherland as the definitive statement on the law for liability for stress-induced psychiatric injury in the workplace. However, although still commanding respect in relation to breach of duty and … Continue Reading
In Part 1 of this piece https://www.employmentlawworldview.com/uk-high-court-gives-useful-recap-on-liability-for-stress-induced-psychiatric-illness-in-the-workplace-part-1/ we considered the requirement of foreseeability as a condition of establishing an employer’s liability for stress-related psychiatric harm. Here we look at the other main ingredient, a breach of duty by the employer. It is not enough that an employee’s illness is as a matter of medical fact … Continue Reading
Every so often, there comes along a case which becomes the new baseline by which decisions in a particular field are made. In relation to employer liability for psychiatric illness caused by workplace stress, that case is Hatton -v- Sutherland in 2002, still going strong after 13 years and most recently upheld by the High … Continue Reading
No-one will be unaware of the case of footballer Ched Evans who has represented Wales on 13 occasions. Evans was convicted of a rape in 2011 and has recently been released from prison having served half of his sentence – he spent two and a half years inside. Since his release, Evans has been close … Continue Reading
France has recently introduced new rules obliging smaller companies to provide increased information to their employees regarding prospective takeovers and ownership changes and also regarding opportunities for the staff to make acquisition offers themselves. The laws are a part of the Lois sur l’économie sociale et solidaire,a scheme of reforms designed to strengthen economic social … Continue Reading
Depending on what you read and who you believe, today’s opening-up of eligibility to request flexible working to all employees with six months’ service or more will be: (i) the unleashing of an unstoppable tide of cost, inconvenience and Tribunal claims; or (ii) no big deal. Perhaps by the time you read this, there will … Continue Reading
In January, Northwestern University football players petitioned the NLRB to be recognized as a union. (Previously published here). Yesterday, to the surprise of many, the National Labor Relations Board (NLRB) granted the unprecedented request, finding that grant-in-aid scholarship football players are “employees” within the meaning of the federal law and are therefore eligible to unionize. … Continue Reading
On Tuesday, Northwestern University student-athletes made a historic request: they asked to be recognized as employees of the university and to be represented by a labor union. This was more than a flippant comment or casual request; rather, the request came in the form of a petition filed in the Chicago office of the National … Continue Reading
