ECJ 15 January 2014, case C-176/12 (Association de mediation sociale - v - Union locale des syndicats CGI and others), Information and consultation

Article 27 of the Charter of Fundamental Rights of the EU provides that workers and their...

ECJ 15 January 2014, case C-176/12 (Association de mediation sociale - v - Union locale des syndicats CGI and others), Information and consultation

Article 27 of the Charter of Fundamental Rights of the EU provides that workers and their...

2014/27 Covert recordings of the private deliberations of grievance and disciplinary panels are admissible as evidence (UK)

The Employment Appeal Tribunal (“EAT”) has upheld a decision by the Employment Tribunal to the effect that covertly recorded private deliberations at disciplinary and grievance hearings should be admitted as evidence in a claim. The content of the private deliberations fell outside the panels’ area of “legitimate consideration”.  For that reason the Tribunal had been right to distinguish the case from previous case law, which stated that covertly recorded private deliberations should be excluded as evidence on public policy grounds

2014/27 Covert recordings of the private deliberations of grievance and disciplinary panels are admissible as evidence (UK)

The Employment Appeal Tribunal (“EAT”) has upheld a decision by the Employment Tribunal to the effect that covertly recorded private deliberations at disciplinary and grievance hearings should be admitted as evidence in a claim. The content of the private deliberations fell outside the panels’ area of “legitimate consideration”.  For that reason the Tribunal had been right to distinguish the case from previous case law, which stated that covertly recorded private deliberations should be excluded as evidence on public policy grounds

2014/40 Nature of activity, including asset/labour intensiveness, determines existence of transfer (HU)

Earlier this year, the Supreme Court of Hungary decided that there is no transfer of an undertaking where the activity concerned is labour-intensive and no staff or immaterial assets transfer.

2014/40 Nature of activity, including asset/labour intensiveness, determines existence of transfer (HU)

Earlier this year, the Supreme Court of Hungary decided that there is no transfer of an undertaking where the activity concerned is labour-intensive and no staff or immaterial assets transfer.

2014/13 New French works council legislation (Article)

On 15 June 2013, legislation took effect that I anticipate will have a deep impact on labour relations in France. The legislation is one of the fruits of the Accord National of 11 January 2013. That agreement paved the way for reforms in a number of fields. One of those reforms resulted in new rules on collective redundancies, on which I wrote in EELC 2013/33. This article deals with another set of new rules, in the field of consultation between the management and the works council (comité d’entreprise). 

2014/13 New French works council legislation (Article)

On 15 June 2013, legislation took effect that I anticipate will have a deep impact on labour relations in France. The legislation is one of the fruits of the Accord National of 11 January 2013. That agreement paved the way for reforms in a number of fields. One of those reforms resulted in new rules on collective redundancies, on which I wrote in EELC 2013/33. This article deals with another set of new rules, in the field of consultation between the management and the works council (comité d’entreprise). 

2014/42 Cross-border transfers of undertakings, focussing on Germany, UK and the Netherlands (Article)

Undertakings are increasingly being transferred to foreign companies. Neither the Transfer of Undertaking Directive 2001/23/EC (the ‘Directive’) nor, to my knowledge, Member States’ regulations stipulate how to apply labour law provisions to a transfer between Member States. A crucial question is which national law applies. Transposition of a directive by a Member State does not in itself lead to uniform legislation within the EU. As long as the aim of a directive is achieved, the Member States may implement the directive in the way that best suits their legal system. In addition, Directive 2001/23/EC is a minimum harmonisation directive. Article 8 allows Member States to grant employees rights that are more favourable than the directive requires. As a result of choices made by Member States, domestic laws on transfers of undertakings vary across the EU. This article focuses on the issue of the conflict of law when dealing with a cross-border transfer. It also examines, where appropriate, the jurisdiction of the courts.

2014/42 Cross-border transfers of undertakings, focussing on Germany, UK and the Netherlands (Article)

Undertakings are increasingly being transferred to foreign companies. Neither the Transfer of Undertaking Directive 2001/23/EC (the ‘Directive’) nor, to my knowledge, Member States’ regulations stipulate how to apply labour law provisions to a transfer between Member States. A crucial question is which national law applies. Transposition of a directive by a Member State does not in itself lead to uniform legislation within the EU. As long as the aim of a directive is achieved, the Member States may implement the directive in the way that best suits their legal system. In addition, Directive 2001/23/EC is a minimum harmonisation directive. Article 8 allows Member States to grant employees rights that are more favourable than the directive requires. As a result of choices made by Member States, domestic laws on transfers of undertakings vary across the EU. This article focuses on the issue of the conflict of law when dealing with a cross-border transfer. It also examines, where appropriate, the jurisdiction of the courts.