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#Brexit: What is likely to happen?

UK 2017
The UK triggered Article 50 on 29 March 2017 giving two years’ notice to leave the EU. Negotiations will now start on the terms of exit. The EU has made it clear that only when sufficient progress has been made with these negotiations will it be prepared to start negotiations on the UK’s on-going relationship with the EU. It seems highly likely that these exit negotiations will include agreement that EU nationals currently resident in the UK, and UK nationals currently resident in the EU, will maintain the right to live and work in such location. Ganzen Artikel lesen


U.K.: Discrimination by dresscode?

Dresscode discrimination
Employers introduce dress or 'appearance' codes for various reasons, such as to protect health and safety or to portray a particular image. The new report, published jointly by the House of Commons Petitions Committee and the Equalities Committee, emphasises that employers should remain alert to potential discrimination (e.g. on grounds of sex, race, religion or age) that can be caused by some dress codes, as well as the health and safety issues that may be raised by requirements such as a rule that female employees must wear high heels. Ganzen Artikel lesen


Sexual harassment at work: Global concern with local solutions

Sexual harassment
A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment of 12 female employees. His behavior was said to include pressuring workers as young as 17 for sexual favors, unwelcome touching of female workers, making humiliating remarks about women, and retaliating against female employees who complained. Ganzen Artikel lesen


UK employment and pensions law review 2017

UK 2017
The political scene in the UK has inevitably been dominated in recent months by the vote narrowly in favour of “Brexit” in the referendum on EU membership last June and its associated political fallout. This led, among other things, to David Cameron’s resignation as prime minister and leader of the Conservative party and his replacement by Theresa May. Ganzen Artikel lesen


U.K.: New discrimination case law

The CJEU found that a provision in a scheme’s rules which required members to marry before the age of 60 for full survivors’ benefits to be payable did not constitute discrimination on the grounds of age or sexual orientation. This was despite the fact that it was legally impossible for the claimant to enter into a civil partnership or same sex marriage before reaching that age. Ganzen Artikel lesen


UK and Brexit: Changing your mind about notice

The Government may argue in the Supreme Court that its Article 50 notice to leave the European Union may be revoked, according to press reports. This would be the exact opposite of what it argued in the High Court, which noted that it was “common ground between the parties that a notice under Article 50 cannot be withdrawn, once it is given”. It is, however, a position supported by the (British) lawyer who wrote the Article, according to other recent reports. Ganzen Artikel lesen


Sexual harassment: How must employers in Europe respond?

More than half the women surveyed by the TUC earlier this year said that they had been sexually harassed at work, with most admitting they had not reported it. But British women are not the only ones to be subjected to unwanted sexual advances, inappropriate jokes and comments, or groping in the workplace. In Australia, for example, research suggests that the rate of sexual harassment has increased by over 12 per cent since 2011, while figures from the United Nations have shown that between 40 and 50 per cent of women in EU countries have been affected. Ganzen Artikel lesen