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 their executive directors but without setting a minimum objective.  The revised proposals have been welcomed … Read more

Europe: Fixed-term employees: claims based on former fixed-term status permitted

Employers should not disadvantage an employee due to their former fixed term status.  The ECJ has ruled that EU law permits employees to bring claims for detrimental treatment occurring after they have ceased to be fixed–term, where the reason is their former fixed-term status.  A claim was possible under the Fixed-Term Work Directive where time … 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

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. However, we understand that this issue will be back on the Commission's agenda on 14 … Read more

Legislative proposals: working hours

The deadline for the European social partners to reach an agreement on proposed changes to EU working time rules has been extended from September to 31 December 2012. 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

French Parliament adopts new law on sexual harassment

The French Parliament has unanimously passed the law on sexual harassment on 31 July 2012.  France had technically been without a law prohibiting sexual harassment since 4 May 2012, when the Constitutional Committee (Conseil constitutionnel) held that the provision previously included in the Criminal Code (at Article 222-33) was void on the grounds that it was … Read more

AIFMD: Publication by ESMA of Consultation Paper regarding its remuneration guidelines for alternative investment fund managers

The European and Securities Markets Authority ("ESMA") has published a Consultation Paper on its proposed guidelines on the remuneration of alternative investment fund managers ("AIFMs"). The guidelines are intended to clarify the application of the rules contained in the Alternative Investment Fund Managers Directive ("AIFMD") with which AIFMs are required to comply when establishing and … Read more