Work/Life - international employment news update

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Issue 118

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

In this edition we look at:

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Changes to UK immigration system

The UK government recently proposed new immigration rules. The reforms will include migrants needing to reside in the UK for at least ten years before they can apply to settle (currently five years). There will be narrower criteria for skilled worker visas, with a university degree being required. Care homes will be prohibited from recruiting non-UK staff from later this year, so will need to hire UK staff or foreign workers who are already in the UK instead.

For more information about these changes, please click here and contact Vikki Wiberg or Charlie Pring for urgent questions.

Need for degrees may mean unfair dismissal

A former Lidl construction consultant was awarded over GBP50,000 by an employment tribunal for being unfairly dismissed under redundancy criteria that favoured candidates with degrees. The tribunal found this was indirect age discrimination, with older staff being less likely to hold degrees. The tribunal found that Lidl didn’t conduct a reasonable consultation process; as whilst the scoring and criteria method was 'potentially fair', it couldn’t be concluded that this was fairly applied.

Barclays implements new loo policy following Supreme Court ruling

Barclays is one of the first companies to amend policies following the Supreme Court ruling that 'woman' and 'sex' in the Equality Act refers to biological women and sex. Under the policy, trans women may not use female bathrooms in its buildings. This follows interim guidance issued by the Equality and Human Rights Commission.

For more information about how the recent ruling may apply to your company, click here.

Class actions: major change in France

A law came into force at the end of April which adapted French law to be in line with the EU on class actions. It establishes a unified regime for class actions, particularly concerning discrimination and labour law. The circumstances in which class actions can be brought are broader, the procedure is harmonised and unions are now able to bring class actions. Any failure by a company to fulfil its obligations towards its staff could now be subject to class action if it is likely to impact several people. Class actions will co-exist with the longstanding right of unions in France to take legal action in the collective interest of workers.

End of automatic contract termination due to permanent incapacity in Spain

A new law that came into force at the beginning of May ends the automatic termination of employment contracts due to permanent disability. Instead, there needs to be a prior assessment of the possibility of adapting the position or relocating the employee. If these measures represent an excessive burden for the employer, they can terminate the contract. This reform aims to more effectively guarantee the right to equality in employment for those with disabilities in Spain.

Employers crack down on staff multi-jobbing

A recent report by the National Fraud Initiative covering several London boroughs found 23 people working multiple jobs, with c.0.5 million overpaid salaries over a period of a few months. One case involved a civil servant simultaneously holding three full time jobs in different government departments, avoiding detection by concealing his civil service history during the hiring process. The trend in working from home seems to have allowed people to do this without their workplaces being aware. Misleading employers can be fraud and also leads to issues around confidentiality, burnout and conflict of interest, as well as potential breaches of the Working Time Regulations.

Poland to launch pilot program on shorter working hours

The Ministry of Family and Social Policy has launched a pilot program to test reduced working hours, such as a four-day workweek or six-hour workday, without reducing salaries. The aim is to improve employee wellbeing and productivity with workers in Poland on average currently working some of the longest hours in Europe. The program is inspired by the success of shorter working hours in the city of Włocławek and at the company, Herbapol Poznań. If the pilot is a success, it may lead to legislative changes across Poland.