Australia: Changes to Fair Work legislation

There have been recent changes to the Fair Work legislation in the following areas:  transfer of business bargaining time limitations for unfair dismissal and general protections claims costs superannuation default funds in modern awards, and the operation of the Fair… Read more

Australia: Trial by media: a continuing trend

The recent dismissal of James Ashby’s sexual harassment case against former Speaker Peter Slipper concludes yet another example of ‘trial by media’. On 12 December 2012 the Federal Court handed down its decision dismissing Mr Ashby’s claim in full on… Read more

UK: TUPE – scope of service provision change discussed

The service provision chance (SPC) limb of TUPE does not apply where the activities are in connection with "a single specific event or task of short-term duration". There have been conflicting EAT views as to whether this only applies when… Read more

UK: New resources – November 2012

MoD consultation (closing date 18 January 2013) on reform of the reserve forces regime, including possible legislation to prevent discrimination against reservists  Acas factsheets for employers on managing social networking a new Opportunity Now guide "Changing gear", outlining ten steps that… Read more

Australia: Working Without Fear: Workplace Sexual Harassment in 2012

In late October 2012, the Australian Human Rights Commission released its third report on workplace sexual harassment entitled Working Without Fear: Results of the 2012 Sexual Harassment National Telephone Survey. The Commission considered the prevalence, nature and reporting of sexual… Read more

EU publishes draft directive on board gender diversity

The European Commission has published a draft Directive which aims to improve gender diversity on boards of EU listed companies. The draft sets a 40% "minimum objective" for the proportion of female non-executive directors. The proposal also requires companies to publish targets for female representation among… Read more

UK: BIS reforms – consultations on employee owner status

The government has now published its consultation document on implementing its proposal to introduce a new employment status "employee owners" (see our blog post). Under this proposal, companies would be allowed to offer shares exempt from capital gains tax worth between £2,000… Read more

New resources – October 2012

Home Office leaflets on forthcoming changes to Disclosure and Barring Acas guidance on the use of smartphones and other devices at work Read more

Spain: collective bargaining agreements

A decision of the Spanish national appeals court (Audiencia Nacional) dated 10 September 2012 consolidates the new structure of collective bargaining approved by the Spanish Labour Reform Act. The decision confirms the primacy of the plant-level CBA over the sector-wide… Read more

EU Directive regarding women on boards postponed

 Viviane Reding, EU Commissioner for Justice, Fundamental Rights and Citizenship, has announced today that the European Commission's vote on her proposal to introduce a mandatory quota for women on the boards of listed companies in member states has been postponed.… Read more

Spain: Constitutional challenge against labour reform

On 5 October 2012, two of the leading political parties lodged a constitutionality challenge to the Spanish Constitutional Court against the Labour Reform Act 3/2012 ("Act 3/2012"). The challenge was admitted on 5 November 2012, but no decision has yet… Read more

Spain: Sick leave during holidays

The Spanish Supreme Court has declared (in its decision dated 3 October 2012) that an employee on sick leave – when this occurs during his/her holidays or event before those holidays start – is entitled to benefit from his/her holiday… Read more