EELA Updates

Case report

2016-12-01

United Kingdom

2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK)

The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law.

Court of Appeal, 2016-05-12

Summary

2016-12-01

2016/50 Employment status in discrimination claims: absence of obligations between assignments can be relevant (UK)

The Court of Appeal has given guidance on how to determine employment status in discrimination cases where the claimant is engaged on a case-by-case basis. The judgment confirms that the lack of mutual obligations between the putative employer and employee between assignments can be a relevant factor. If an individual is engaged on an assignment-by-assignment basis, with the freedom to turn down work when it is offered, this may imply a lack of subordination during the periods of work. The absence of an overarching ‘umbrella’ contract between assignments may therefore be relevant when determining whether an individual is protected by discrimination law.

Court of Appeal, 2016-05-12

Case report

2016-12-01

Ireland

2016/58 First Injunction granted under the new whistleblowing legislation (IR)

In one of the first high-profile cases under the Protected Disclosures Act 2014 (i.e. whistleblowing legislation), two employees have successfully secured an injunction in the Circuit Court which prevents their dismissal.

Circuit Court, 2016-07-29

Case report

2016-12-01

France

2016/57 No compensation for an invalid non-compete clause where no harm shown (FR)

An employee who could not prove any harm resulting from an invalid non-compete clause in his employment contract could not obtain damages.

Cour de cassation (Supreme Court), 2016-05-25

Summary

2016-12-01

2016/57 No compensation for an invalid non-compete clause where no harm shown (FR)

An employee who could not prove any harm resulting from an invalid non-compete clause in his employment contract could not obtain damages.

Cour de cassation (Supreme Court), 2016-05-25

Summary

2016-12-01

2016/58 First Injunction granted under the new whistleblowing legislation (IR)

In one of the first high-profile cases under the Protected Disclosures Act 2014 (i.e. whistleblowing legislation), two employees have successfully secured an injunction in the Circuit Court which prevents their dismissal.

Circuit Court, 2016-07-29