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EU: CRD IV - New definition of "Code Staff": key issues and summary of the draft rules
The European Banking Authority ("EBA") has published draft regulatory technical standards on the definition of Identified Staff ("Code Staff" under the …
London launch of Herbert Smith Freehills Asia-Pacific Employment Law Guide 2013
At the last of the global launches of our Asia-Pacific Employment Law Guide taking place in London on 11 June we will be discussing recent …
UK: ECJ ruling on definition of disability
The ECJ has confirmed that a person who can work to a limited extent or limited hours can still be "disabled". Relying on the UN Convention on the Rights …
UK: no breach of TUPE information and consultation duties where a transfer does not go ahead
TUPE imposes an obligation on a transferor to inform and consult representatives for its own "affected" employees. Previous case law has established that …
UK: Disability discrimination claim struck out where no evidence that employer knew of disability
Employers should succeed in striking out a claim where, putting the claimant's case at its best, there is still no evidence of an essential part of the …
UK: Post-employment victimisation is prohibited after all
The EAT has ruled that post-employment victimisation is unlawful, departing from its previous decision in Rowstock v Jessemy. (Onu v Akiwiwu) Such …
UK: Employers may need to disown influential shareholders' discriminatory remarks
Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the …
UK: Care needed when using pre-existing employee body for collective redundancy consultation
Employers contemplating using an existing employee consultative body for collective redundancy consultation, rather than organising elections for ad hoc …
UK: Employee working outside EU could not claim UK statutory holiday pay
The principle that UK laws which are derived from EU law must be construed as permitting claims in England, where English law is the proper law of the …
UK: Collective agreement clause could not be construed as giving employer choice of two pay rates
Overturning the EAT, the Court of Appeal has construed a contractual clause in a collective agreement, which provided that the employer would increase …
UK: Period of continuous employment - start date may be changed by activities prior to official start date
Employers should take care when asking a new recruit to attend meetings or events prior to the start date of employment specified in the contract. The …
UK: Employment law reforms enacted
The Enterprise and Regulatory Reform Bill finished its passage through Parliament and received Royal Assent on 25 April 2013. BIS has also …
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