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

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

With effect from 1 January 2015, new provisions are in force in France, entitling employees to accumulate, during their careers, an entitlement to training hours which can transfer with them when they change jobs or during periods of unemployment[1]. Read more

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

Employers wishing to change an employee’s terms and conditions need to establish both the employee’s agreement to the change, and that consideration has been given. These requirements can give rise to practical difficulties for employers seeking to enforce the new terms. Read more

Where an employer decides to replace two roles, one of which is currently held by an employee on maternity (or other family-related) leave, with a new role combining aspects of both, the employer may have to offer that new role to the employee on leave even if the other is a better candidate. Read more

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

Where there has been a transfer of employment, we compare the rules in Australia, New Zealand, Singapore, Malaysia and Indonesia in relation to what happens to an employee’s accrued but untaken annual leave. That comparison can be seen here. Read more