Work/Life: international employment news update

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Issue 96

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

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United Kingdom

'HR is not your friend': why frustrated workers are hiring reps of their own

A recent trend has emerged where US workers are increasingly seeking the expertise of external human resources consultants for issues, they feel cannot be adequately addressed by their own company's HR departments. Among these, Caged Bird is prominent, providing a wide range of services such as drafting CVs, reporting discrimination, and conducting severance negotiations on behalf of employees at tech giants like Google, Netflix, Amazon, Uber, and Meta. This reflects a growing recognition among employees that HR departments fundamentally represent the interests of their employers.

GMB union faces allegations of bullying and harassment

The GMB union is contending with serious allegations of bullying and harassment, accusations that have cast doubt on its commitment to organisational reform, previously criticised as 'institutionally sexist'. Female members of staff allege that sexism within the union is still widespread and that significant proposed changes have yet to materialise. A specific incident has surfaced involving a past employee who claims she was coerced into withdrawing a sexual harassment complaint before being terminated from her position. The GMB refutes these claims, maintaining that it has robust and transparent mechanisms for addressing grievances and confirms that it is re-examining the case to ensure correct protocols were observed.

Offering a chair to an older work colleague might break equality laws

The case involved a 66-year-old employee at a recycling plant who was offered a seat by his supervisor amidst concerns for his well-being. While the gesture was rooted in health considerations, not age, it led to the perception of discriminatory treatment as it singled out the said individual when no other colleagues were offered chairs. The claim was dismissed but the tribunal acknowledged that such conduct, even if well-intentioned, could be viewed as unwanted and discriminatory.

New laws will not be applied retrospectively to gagging orders

The UK has introduced reforms designed to curtail the application of NDAs in cases involving sexual and other forms of abuse. However, these changes will not be implemented retrospectively and will thus not affect existing NDAs or previous claims. It is understood that ministers have opted not to apply these changes retroactively due to concerns about potentially altering or nullifying a multitude of already established contractual agreements.

Employees surveillance: Amazon appeals its EUR32 million fine

In France, the monitoring of employees is stringently governed not only by employment law but also by information technology legislation, particularly the General Data Protection Regulation (GDPR), as enforced by the French Data Protection Authority (CNIL). The CNIL prohibits undue surveillance of workers, and such actions can lead to significant financial penalties for companies. Amazon experienced this first hand when its employee performance tracking – specifically work pace and downtime recorded via scanners used in the firm's distribution centres – was found to be overly intrusive. On 23 January 2024, after a 4-year investigation, the CNIL ruled this practice as excessive and imposed a fine of EUR32 million on Amazon. The retail giant has recently announced its intention to challenge the ruling of the CNIL.

Transavia to pay EUR670,000 for treating student interns as full-time staff

The Dutch Labour Inspectorate has ordered the airline Transavia to pay EUR623,000 for using 60 interns as full-time employees without proper wages. The fine comprises EUR46,000 with additional pay arrears and allowances for the students. Following several complaints, the Inspectorate investigated the airline's practices last year and concluded that between February and June 2022, Transavia had used students from 5 different vocational schools in roles equivalent to full-time staff but paid them only at intern rates, despite fulfilling identical functions and adhering to the same work schedules as regular flight attendants. Discussions have been held with various educational institutions and the Education Inspectorate by the Labour Inspectorate to emphasise that internships should not equate to full-time employment roles, emphasising that training must be prioritised.

Amsterdam, Eindhoven: the only places where productivity is up

Rabobank economists report that productivity growth in the Netherlands is concentrated in Greater Amsterdam and Eindhoven, regions transitioning into more economically productive sectors and responsible for 1/5 of national economic output. Other areas face stagnating productivity due to an influx of jobs offering lower economic value, such as business support services including cleaning and hospitality. Nationally, this shift towards less productive sectors has seen the average productivity growth rate fall from 1.5% in the 1990s to just 0.5% in the last decade. Eindhoven has seen a significant rise in industrial roles and specialist business service positions, while Amsterdam has notably expanded its specialist business services and IT sector –both sectors known for their high value-added per hour worked. It is probably only a coincidence that Taylor Wessing's offices are in these cities.

Is permanent disability a reason to automatically terminate an employment contract?

Under Spanish legislation, employment contracts may be terminated due to 'death, severe disability or total or absolute permanent disability of the employee'. However, a recent ruling by the Court of Justice of the European Union (CJEU) has established that disability does not automatically lead to contract termination. This judicial decision challenges the Spanish framework that permits contract termination for permanently disabled employees without requiring employers to first attempt reasonable adjustments to facilitate continued employment.