UK: new family-friendly rights proposed

In July 2019 the Government published its response to a consultation on extending redundancy protections to those on family leave, but without specifying any particular timetable for doing so. Currently women on maternity leave are given priority over any suitable alternative vacancies should their role be made redundant. An employer’s failure to offer any such … Read more

UK/EU: ECJ ruling highlights the potential for discrimination claims if benefits based on salary are reduced to reflect temporarily reduced pay

In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary.  Calculating these payments based on … Read more

UK: Maternity redundancy protection proposals and health and safety guidance

The Women and Equalities Select Committee has published its response to the government’s consultation on extending redundancy protection for women and new parents, supporting the proposed extension to cover the period from notification of pregnancy to six months after return from maternity leave, and agreeing its extension to other types of longer parental leave. It also recommended that large … Read more

UK: proposals to extend redundancy protection for employees who are pregnant or returning from maternity leave

The Government has published a consultation until 5 April 2019 on proposals to extend the current period of protection for women on maternity leave during which they are given priority over any suitable alternative vacancies should their role be made redundant. (An employer’s failure to offer any such available vacancies renders the consequent redundancy dismissal … Read more

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on how to “cloak” as dismissal for redundancy the claimant’s dismissal resulting from allegations of disability … Read more