Case C-627/16. Insolvency

Is a time-limit applicable to an application for payment of outstanding wage claims by the...

ECJ 27 April 2017, case C-680/15 (Asklepios Kliniken), Transfer of undertakings

‘Dynamic’ referral clauses have effect after the transfer of an undertaking, if national law provides for the possibility for the transferee to make changes both consensually and unilaterally.

2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.

2017/22 Use of ex-employee’s emails and files found on company PC admissible (GR)

The Supreme Court ruled that evidence of wrongdoing obtained by a company against two former executives was admissible in court, as it was legitimate that the company should have the opportunity to defend its right to free competition. In such cases, the executives’ right to privacy of communication should be balanced against the company’s freedom of competition.

2017/23 Suspension of a recovery plan is not a transfer-triggering event (BU)

The Bulgarian Supreme Court ruled to the effect that the Bulgarian Labour Code (‘BLC’) provides for the automatic transfer of employees only in the circumstances set out in the BLC. The employment protection given by the BLC cannot either be broadened or narrowed. The suspension of a recovery plan which leads to the restoration of insolvency proceedings (and therefore the return of the company from the transferee that had been executing the failed recovery plan back into the hands of the transferor) did not lead to the automatic transfer of employment.

ECtHR 26 January 2017, application no. 42788/06, Right to fair hearing and right to respect for private and family life

ECtHR concludes that there has been a violation of Article 8 (right to respect for private and family life) in the case of retention and disclosure of an employee’s mental-health data and its use in deciding on employees’ applications for promotion.

ECJ (Grand Chamber) 14 March 2017, case C-188/15 (Bougnaoui), Religious discrimination

The concept of a ‘genuine and determining occupational requirement’ within the meaning of Article 4 of Directive 2000/78 does not cover subjective considerations, such as the willingness of an employer to take account of customers’ wishes.

ECtHR 26 January 2017, application no. 42788/06, Right to fair hearing and right to respect for private and family life

ECtHR concludes that there has been a violation of Article 8 (right to respect for private and family life) in the case of retention and disclosure of an employee’s mental-health data and its use in deciding on employees’ applications for promotion.

2017/23 Suspension of a recovery plan is not a transfer-triggering event (BU)

The Bulgarian Supreme Court ruled to the effect that the Bulgarian Labour Code (‘BLC’) provides for the automatic transfer of employees only in the circumstances set out in the BLC. The employment protection given by the BLC cannot either be broadened or narrowed. The suspension of a recovery plan which leads to the restoration of insolvency proceedings (and therefore the return of the company from the transferee that had been executing the failed recovery plan back into the hands of the transferor) did not lead to the automatic transfer of employment.

ECJ (Grand Chamber) 14 March 2017, case C-188/15 (Bougnaoui), Religious discrimination

The concept of a ‘genuine and determining occupational requirement’ within the meaning of Article 4 of Directive 2000/78 does not cover subjective considerations, such as the willingness of an employer to take account of customers’ wishes.