France: Transfer of employees between group companies – an update

1.    Previous practice Previously, transferring French employees to another group company (whether in France or overseas) with their consent was a fairly simple process, involving a simple tri-partite agreement between the employee, the existing group company in France and the new group employer (whether in France or elsewhere). This mechanism enabled a clear termination of … Read more

Europe: ECJ rules that obese employees may be disabled

In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail limitations amounting to a disability for the purposes of the European Directive 2000/78 establishing a general framework for equal treatment in employment and occupation. Read more

UK: TUPE – impact of transfer on time limit for harassment claim

A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass post-transfer, even where the perpetrator does not transfer to the transferee (but continues to have a working relationship with the victim, for example where part of the business is outsourced but remains on … Read more

UK: Statutory holiday pay – no appeal over ruling on retrospective claims

In last month’s e-bulletin we reported the landmark EAT judgment in Bear Scotland v Fulton that pay for the 4 weeks’ EU statutory holiday entitlement must be calculated to include an appropriate amount for regular overtime (at least where employees are obliged to work it if offered). Helpfully for employers, the EAT limited retrospective claims for a series … Read more