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The UK Employment Appeal Tribunal has ruled that ‘gender critical’ beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in ‘gender identity’ is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs. Background to the case Maya Forstater was a consultant for CGD Europe, a not-for-profit…
The Irish government has announced more details of its mandatory sick pay scheme. The new law will give employees in Ireland a right to sick pay for the first time from 2022. Currently Ireland is one of three EU member states to have no sick pay at all. In its latest announcement, the Irish government confirmed that it has approved the drafting of the General Scheme of…
New guidance from the US Equal Employment Opportunity Commission gives the go-ahead to employers to offer incentives to employees to get vaccinated and provide educational material to encourage vaccination, under certain conditions. The new guidance On 28 May 2021, the US Equal Employment Opportunity Commission (EEOC) updated its guidance relating to employers’ obligations and limitations in responding to the COVID-19 pandemic in the workplace. Most notably, the…
The New Zealand Government has announced it is proceeding with a new Fair Pay Agreement system with implementation in 2022. Fair Pay Agreements (FPAs) aim to create industry-wide pay deals setting minimum standards for all employees and employers within that industry. FPAs would be bargained between unions and employer groups. What does the new FPA system look like? Under the new legislation, FPA negotiations could be…
The main post-Brexit EU Settlement Scheme (EUSS) deadline is looming on 30 June 2021, however there are other deadlines and considerations that applicants and their employers in the UK may not be aware of. In this article we highlight a selection of issues that relate to the main deadline, or that will start to have practical implications after 30 June 2021. Main EU Settlement Scheme…
In this article first published in the India Business Law Journal, VIjay Ravi of Ius Laboris firm Kochhar & Co analyses the key provisions of four new Indian Labour Codes relating to wages and employment conditions, social security, trade unions and occupational health. The scales of justice reflect the challenges facing law-makers in the context of labour and employment laws. Balancing the interests of employers…
This article summarises the right to ask for flexible working in the UK and explains how discrimination law applies in this context. Introduction Employees seeking a better balance between the demands of work and personal life may seek a change in their working arrangements, for example, through part-time working, job-sharing or a change in working hours. While there is no right to insist on working in…
The Austrian legislator has implemented the Posting of Workers Directive (2018/957), however, only for the construction industry. This became effective from 1 April 2021. ‘Non-genuine’ postings, i.e. the employment of workers with their usual place of work in Austria, if the employment is exercised for an employer with its registered office outside Austria (this definition is not set out in the Posted Workers Directive, therefore…
The European Court of Justice has ruled that an employee living in Austria has to bring a legal action against the employer with whom she had an employment contract in Germany, because the main part of her contractual obligations had to be performed in Germany, even if no work was actually performed. A recent European Court of Justice ruling (25 February 2021; C–804/19, Markt24) has clarified the law on where…
Arbeitgeber und Arbeitnehmer streiten sich nicht selten um die Einstufung von einem – wie auch immer gearteten – Bereitschaftsdienst als „Arbeitszeit“ oder „Ruhezeit“. In zwei parallelen Vorabentscheidungsverfahren (C-344/19 und C-580/19) hat der EuGH am 9. März 2021 nunmehr erneut über die Einstufung von Rufbereitschaft entschieden. Rufbereitschaft ist demnach nur in Ausnahmefällen „Arbeitszeit“. Wir zeigen, worum es in den Entscheidungen ging, welche Vorgaben der EuGH gemacht…