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

France: The Loi Travail – Briefing 4

This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan). This is a change from the current situation, permitted by case law, where an employer can ask for volunteers for redundancy, but only within the scope of voluntary … Read more

France: The Loi Travail – Briefing 3

This briefing summarises the Macron reforms in relation to the simplification of redundancy processes: limiting the economic difficulties test to the business sector in France exclusively; refining what is a business sector; reducing the redeployment obligations – limiting these to France; for companies making less than 10 redundancies in 30 days : simplifying the scope … Read more

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the global market and encourage the creation of jobs. Read more

France: Proposed additional obligations to seek a buyer before closing a site

A proposed new law is being considered in France that would impose significant new obligations and potential costs/delays on large employers wishing to close a site. On 2 October 2013, the French lower house of Parliament adopted the “loi Florange” which would apply to companies within a group with more than 1,000 employees. This is … Read more

Europe: Collective redundancy consultation: ECJ fails to rule on trigger due to lack of jurisdiction

Uncertainty remains over the trigger point for collective redundancy consultation where a strategic business decision foreseeably or inevitably leads to redundancies.  It had been hoped that the ECJ would provide some much needed clarity on this issue following the Advocate-General’s opinion in USA v Nolan.  Unfortunately the ECJ concluded that, as civilian staff at a … Read more

Legislative proposals: draft EU redundancy proposals

In mid-August the Telegraph reported the publication of draft proposals by the European Parliament on restructuring and redundancies, including a requirement for employers to measure the “psycho-social health” of employees and, where there is a significant deterioration in an employee’s mental health, the provision of training and other assistance.  The proposals are at a very … Read more