Dismissing an employee for wearing a headscarf on ‘brand image’ grounds may be discrimination: a new ruling from France

An employee who was dismissed for refusing to remove her headscarf which her employer claimed was problematic for its brand image was a victim of discrimination, according to a recent ruling from the French Court of Cassation. Background On her return from parental leave, a saleswoman employed by a clothing retailer came to work wearing a headscarf that concealed her hair, ears and neck. The employer…

Employees have a right to annual leave or payment in lieu between illegal dismissal and reinstatement, ECJ rules

The European Court of Justice has ruled that for the period between an unlawful dismissal and reinstatement as an employee, workers are entitled to annual paid leave or to payment at the end of the employment relationship in lieu of leave accrued and not taken. Background In these joined cases a Bulgarian school employee and an Italian bank employee were dismissed. These dismissals were subsequently…

France - The ‘Macron scale’ challenged in labour tribunals’ rulings

Giving employers a better view of the costs they must bear in the event of an unfair dismissal was the main argument of the French government when a scale was implemented by one of the so-called Macron orders dated 22 September 2017 (N°2017-1387). This scale, setting up minimum and maximum damages awards, should ultimately have a positive impact on employment, especially in small and medium-sized…

Italy – Facebook comments can be valid grounds for dismissal

Facebook is one of the essential communication tools of the digital era, but it can also be dangerous for employees who use it carelessly, as a recent Italian Supreme Court decision has confirmed. Facebook has grown significantly over recent years. It now connects billions of people worldwide, all of whom are sharing information, posting comments and photos and liking each other’s posts. Facebook makes our…