Autoren

Sean Nesbitt

Partner

London

Marc André Gimmy

Partner

München

Celine Enos

Trainee Solicitor

London

Autoren

Sean Nesbitt

Partner

London

Marc André Gimmy

Partner

München

Celine Enos

Trainee Solicitor

London

25. Juli 2024

Work/Life – 4 von 105 Insights

Work/Life: international employment news update

Briefing

Issue 102

Welcome to the latest edition of our international employment news update.

In this edition of Work/Life we look at:

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France's strict employment laws hit BBC's Olympic coverage

France's strict employment laws are having an impact on the BBC’s coverage of the Olympic Games in Paris. Under the French working time rules, there must be a minimum 11-hour rest period between shifts, presenting significant challenges for broadcasters such as Gabby Logan and Clare Balding to cover both morning and evening athletic sessions. They aren't French, but they benefit from the mandatory protections for workers posted to France to prevent undercutting local staff. Noncompliance could result in broadcasters being prohibited from working altogether. “We are all having to work to those rules within the BBC,” commented Logan. “We know the French work to live. It just means we split the day up slightly differently.”

UK Government says workers "need to be able to switch off"

Downing Street has defended plans to encourage businesses to grant employees the right to disconnect from work-related messages outside office hours. The new government is considering proposals that would enable workers to ignore emails, texts, and phone calls received out of hours. Spearheaded by Deputy Prime Minister Angela Rayner, these proposals have elicited some criticism from businesses as well as Conservative party members. The government thinks such measures could increase productivity. The government intends to provide non-binding guidance through a new code of practice for businesses. Welcoming these plans, the Trades Union Congress (TUC) has asserted that employment should not drive individuals to their breaking point. A No10 spokesperson confirmed that ministers were examining models that "support productivity and work flexibility" but said it would be down to individual employers to act.

UK pledges wide-ranging changes to employment rights

The government has announced an overhaul of employment rights; this will mean staff are entitled to flexible hours from their first day in their job. The Employment Rights Bill outlines reforms including: a ban on exploitative zero-hour contracts; giving workers reasonable notice before any changes to their shifts; compensation for cancelled or reduced shifts; an end to 'fire and rehire' practices; parental leave, sick pay, and protection from unfair dismissal available from day one on the job; removal of the lower earnings limit for statutory sick pay; and a ban on dismissing women within 6 months of returning to work after having a baby. Policy chair of the Federation of Small Businesses, Tina McKenzie, stated: "many small employers are concerned about the prospect of increased costs and risks when they employ people," and that "the Bill offers no commitments to look after small employers who will struggle the most."

UK shelves legal restrictions on foreign workers

The UK government has announced a deferral of two key legal amendments intended to limit foreign labour until next year amidst England and Wales experiencing their most considerable population growth in over 75 years, according to the Telegraph. The legislative proposals – including sanctions preventing companies found violating employment laws from employing foreign workers — are slated for introduction in autumn 2025. Statistics released by the Office for National Statistics (ONS) indicate a net migration figure of 622,000 for the year ending mid-2023; this figure represents an increase exceeding twice the number recorded before Brexit.

Higher productivity required due to staff shortage, robotization seen as solution

In recent years, the technology sector has emerged as the driving force behind Dutch industry growth. Nevertheless, ING Research highlights in its industry report that addressing personnel shortages is crucial as they pose an increasing threat to this momentum. To leverage growth opportunities fully, technological innovations aimed at enhancing productivity are essential. Contrary to many other countries, the Netherlands intends to implement stricter requirements for work, study, and knowledge migrants following reductions in its expat program. Consequently, future expansion within the tech industry may rely even more on elevating productivity levels. Gert Jan Braam, Industry Sector Banker at ING, stresses that it is vital for manufacturing companies to intensify their focus on innovation related both to products and production processes. Automation through robotization and digitalisation represents key strategies identified by ING for boosting productivity effectively.

HR boss makes rapid retreat on AI worker plan

The Guardian reports backlash against Lattice CEO Sarah Franklin following her decision to incorporate three AI-powered digital workers into the team at her San Francisco-based human resources and performance management platform. Unlike other companies, Franklin was the first to treat them akin to human employees – complete with official employee records, comprehensive onboarding and training processes, designated targets, access to relevant systems, and even individual managers. Just three days later, Franklin halted these groundbreaking plans amidst accusations that she had diminished the intrinsic value of her human staff by equating them with machine counterparts – with the possible inference that employees are merely resources to be optimised and measured against machines.

Transgender discrimination: French judges begin to sentence employers

In June 2024, McDonald’s faced sentencing for gender identity discrimination and moral harassment. The complaint originated from a transgender employee who endured several disparaging actions concerning her new gender. Specifically, she reported that her employer had (i) explicitly prohibited colleagues from addressing her by her chosen female name and (ii) imposed restrictions on her use of makeup at work. Under French law, any form of discrimination (including that based on gender) is unlawful unless it can be objectively justified by essential job-related requirements. In this instance, French courts ruled that none of McDonald's justifications constituted an essential or determinative occupational requirement objectively dictated by the nature of the activity or the work conditions.

Women-only jobs can exclude trans women, says EHRC

The Equality and Human Rights Commission (EHRC) has determined that companies are within their legal rights to restrict applications from transgender women for positions designated as women-only roles. The EHRC clarified that such job advertisements should explicitly target cisgender women or those who possess a gender recognition certificate. Under certain circumstances described in the Equality Act, "occupational requirements" may justifiably necessitate excluding transgender individuals if it is "objectively justified". The EHRC cautioned employers that it would take action against those who breach these guidelines. Advocates for women's rights have expressed approval of this clarification, arguing that men who self-identify as women should not be recruited for women-only roles; however, objections persist concerning those holding a gender recognition certificate being eligible for such positions.

Union sues Amazon over staff vote

Is this a harbinger of the future under the UK government's plans to encourage collective labour relations? The GMB union lodged a legal challenge against Amazon, alleging that the company influenced warehouse workers in Coventry to oppose unionisation. The union contends that Amazon improperly interrogated workers regarding their position on unionisation and placed posters bearing QR codes across the premises, enabling workers to rescind their union membership. If the Central Arbitration Committee (CAC) accepts the complaint, a fresh vote on unionisation may take place. According to the GMB Union, just 15 extra votes in favour would have secured victory; however, over 70 requests for membership cancellation were submitted via these QR codes. Rosa Curling, Director at non-profit organisation Foxglove, described these tactics as "unlawful and unfair" and urged the CAC to uphold the complaint. Amazon contests the claims.

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