2020/50 Transfer-related contractual changes void even if beneficial for employees (UK)

The Employment Appeal Tribunal (EAT) has ruled that the provision under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which renders changes to employees’ terms and conditions void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee employer.

2020/46 Interim relief granted for employee who used union to lodge grievance over coronavirus measures (UK)

This case involved an employee who claimed that he was unfairly dismissed for using a trade union to bring a grievance over measures his employer had taken on account of the coronavirus pandemic. The Employment Tribunal (ET) found that he was likely to be able to show at the full hearing of the case that this was an automatically unfair dismissal on grounds of his trade union membership or activities. It awarded the remedy of ‘interim relief’, ordering the employer immediately to reinstate him pending the full trial of the matter. The ET’s decision might signal a potential rise in claims for interim relief in future cases.

2020/46 Interim relief granted for employee who used union to lodge grievance over coronavirus measures (UK)

This case involved an employee who claimed that he was unfairly dismissed for using a trade union to bring a grievance over measures his employer had taken on account of the coronavirus pandemic. The Employment Tribunal (ET) found that he was likely to be able to show at the full hearing of the case that this was an automatically unfair dismissal on grounds of his trade union membership or activities. It awarded the remedy of ‘interim relief’, ordering the employer immediately to reinstate him pending the full trial of the matter. The ET’s decision might signal a potential rise in claims for interim relief in future cases.

2020/52 An employer cannot compel an employee, without notice, to take deferred annual leave (FR)

The rules for determining the order of departures (the dates that leave is taken) on holidays apply to both annual leave and deferred annual leave. The employer therefore cannot compel an employee, returning to the company after a leave of absence following an occupational accident, to take without notice all of their deferred annual leave. Doing so is an abuse of the employer’s managerial powers, so that the employee’s refusal lacked any wrongful character.

2020/52 An employer cannot compel an employee, without notice, to take deferred annual leave (FR)

The rules for determining the order of departures (the dates that leave is taken) on holidays apply to both annual leave and deferred annual leave. The employer therefore cannot compel an employee, returning to the company after a leave of absence following an occupational accident, to take without notice all of their deferred annual leave. Doing so is an abuse of the employer’s managerial powers, so that the employee’s refusal lacked any wrongful character.

2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO)

The Bucharest Court of Appeal has ruled that the employment of the former employees of a previous service provider by the current service provider contracted by a legal entity and the performance of the same activity by the same employees in the same work locations constitutes a transfer of undertaking.

2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO)

The Bucharest Court of Appeal has ruled that the employment of the former employees of a previous service provider by the current service provider contracted by a legal entity and the performance of the same activity by the same employees in the same work locations constitutes a transfer of undertaking.

2020/47 The Danish Supreme Court decides on reversed burden of proof (DK)

The Danish Supreme Court recently held that an employer had discharged the reversed burden of proof in a case concerning a physiotherapist who was dismissed shortly after her return from maternity leave.

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2020/47 The Danish Supreme Court decides on reversed burden of proof (DK)

The Danish Supreme Court recently held that an employer had discharged the reversed burden of proof in a case concerning a physiotherapist who was dismissed shortly after her return from maternity leave.