In a case arising from the sudden collapse of a construction company, the Employment Appeal Tribunal has confirmed the limited scope of the ‘special circumstances’ defence for not consulting on collective redundancies. |
Case Reports |
2022/6 Narrow scope of the ‘special circumstances’ defence for not consulting on collective redundancies confirmed (UK) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Collective Redundancies |
Authors | David Hopper and Kerry Salisbury |
AbstractAuthor's information |
Case Reports |
2022/7 Dismissal for violation of Covid-19 quarantine order (AT) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Unfair dismissal |
Authors | Andreas Tinhofer and Isabella Göschl |
AbstractAuthor's information |
The Supreme Court has decided that the summary dismissal of an employee for violating a Covid-19 quarantine order by appearing at work is effective and justified. |
Case Reports |
2022/11 Supreme Court judgment that may impact legislation to transpose the EU Whistleblowing Directive (IR) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Whistleblowing, Health and Safety |
Authors | Sarah O’Mahoney |
AbstractAuthor's information |
On 1 December 2021, just prior to the transposition deadline for Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (the ‘Whistleblowing Directive’), the Irish Supreme Court delivered a judgment that may have an impact on the Protected Disclosures (Amendment) Bill, the piece of legislation intended to be enacted in order to comply with the Whistleblowing Directive. The judgment noted that, while the Oireachtas (the Irish parliament) had envisaged that most complaints for which whistleblower protection would be sought would concern matters of public interest, the actual definition of ‘protected disclosure’ in the Protected Disclosures Act 2014 (the ‘2014 Act’) extends further than that and can cover complaints in the context of employment which are personal to the reporting person. While Ireland has missed the deadline and has yet to enact the Protected Disclosures (Amendment) Bill, one of the intended amendments has been changed since this judgment was delivered. |
Case Reports |
2022/10 Labour Tribunal of Brussels decides that Deliveroo riders are self-employed workers and not employees (BE) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Employment Status |
Authors | Gautier Busschaert |
AbstractAuthor's information |
Working as a rider for the Deliveroo platform is a professional activity that can be performed as a self-employed worker, the Labour Tribunal of Brussels has decided, which also ruled out the possibility of Deliveroo riders enjoying the fiscally beneficial status available for workers active on electronic platforms of the collaborative economy (or ‘sharing economy’). |
Case Reports |
2021/27 Termination protection applicable to state officials upon termination of their official relationship (BG) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Disability Discrimination, Unfair Dismissal |
Authors | Kalina Tchakarova |
AbstractAuthor's information |
The Bulgarian Supreme Administrative Court has held that not only employees working under an employment relationship but also state officials enjoy special protection against termination. |
Case Reports |
2021/30 ‘Gender critical’ beliefs are protected philosophical beliefs (UK) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Other Forms of Discrimination |
Authors | Bethan Carney |
AbstractAuthor's information |
The Employment Appeal Tribunal (EAT) 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. |
Article |
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Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Religious discrimination |
Authors | Filip Dorssemont |
AbstractAuthor's information |
Are the outcomes of the CJEU judgments on religious discrimination essentially different from the outcome of similar cases dealing with restrictions on the freedom of religion ruled by the ECtHR? |