How to bring an allegation of sexual misconduct in the workplace | Employment Law Blog

Almost invariably having to raise an allegation of sexual misconduct in the workplace will be one of the most distressing and stressful moments in anyone’s career.  Recently the #MeToo movement has undoubtedly emboldened people to raise concerns and has encouraged organisations to take these issues seriously, including scrutinising how historic allegations have been handled.  So here are some key points to be considered before raising an allegation, and whilst you go through the process that is likely to follow.  1) What legal protection do I have? If you complain about…

Gender Pay Gap Reporting – Are We Doing Enough? | Employment Law Blog

Last month, the Business, Energy and Industrial Strategy Committee (BEIS) published the first of its findings on gender pay gap reporting, as part of its inquiry into Corporate Governance: Delivering on Fair Pay. Highlighting a range of initiatives which it hopes the Government and businesses will implement in an effort to address the disparity of pay between the sexes, BEIS’s report makes for interesting reading. The UK has one of the highest gender pay gaps in Europe. With a median difference in hourly pay of 18.4% between the sexes, over…

Alternative Dispute Resolution for disagreements over children: if it’s good enough for Brangelina… | Employment Law Blog

Brad Pitt and Angelina Jolie’s very public breakup has taken a different (and even more regrettable) turn in recent months with newspapers reporting on the apparently ‘vitriolic’ dispute over their children. The disagreement has allegedly arisen as Jolie is due to start filming Maleficent 2 in Europe while Pitt is committed to a new role in Los Angeles, making regular time with the children a near impossibility for the ‘non-resident’ parent. In addition, Jolie has claimed that Pitt has failed to provide ‘meaningful’ financial support. It has been suggested that…

EU/UK Dispute resolution post-Brexit in the light of the White Paper

Catherine Barnard and Emilija Leinarte* *Professor of EU law, University of Cambridge and PhD student, University of Cambridge. This research has received support from the ESRC’s UK in a Changing Europe programme. The recent report published by UK in a Changing Europe discussed different governance structures that could potentially regulate UK-EU relations post-Brexit. The now published White Paper provides insight into the sort of institutional framework the UK will seek from the EU upon its withdrawal. Is there merit in the UK’s proposals? Are there alternatives? We look into the…

Mutual trust and independence of the judiciary after the CJEU judgment in LM – new era or business as usual?

Dr Agnieszka Frąckowiak-Adamska, Faculty of Law, University of Wroclaw In case C-216/18 PPU LM the CJEU was asked by an Irish court to address one of the most serious current legal challenges of the EU: the consequences of restrictions imposed upon judicial independence in one Member State for other Member States of the Union. The sequence of laws adopted in 2015-2018 in Poland has been assessed commonly by various external and internal institutions as “enable(ing) the legislative and executive powers to interfere in a severe and extensive manner in the…

Testing the Limits of Access to Justice and European Judicial Cooperation

Vigjilenca Abazi & Christina Eckes* *Assistant professor of European law, Maastricht University and professor of European law, University of Amsterdam, respectively. More than a ‘Procedural’ Revision The European Union for the past few years has faced significant crises of political and economic nature. It has to deal for the first time in its 60-year history with a Member State wanting to exit from the Union; with hostility by and even trade wars with what used to be a solid transatlantic ally; and growing populist movements across Europe undermining the fundamentals…

does a recent CJEU ruling show an irrational fear of mutation?

A recent CJEU judgment has made it more complicated to develop plants which have been cross-bred by mutagenic breeding. Two contributions to the blog (from Kathleen Garnett and Felix Beck) examine the judgment from different angles.   Confédération Paysanne & Others, Case C-528/16: GMO cabbage or plain old cabbage? Kathleen Garnett, Consultant and writer on EU government and law In September 2016 Stefan Jansson, professor in Plant Cell and Molecular Biology at Umeå University in Sweden sat down to a meal of cabbage and pasta, which he shared with a…

Handling sexual misconduct complaints: lessons to learn from the Russell McVeagh report | Employment Law Blog

Many employers, across industries, are facing an increase in sexual misconduct and harassment allegations from complainants emboldened by the #metoo movement.  Historic complaints are also being revisited as organisations ‘face up’ to situations that could perhaps, with hindsight, have been handled better.  Against that backdrop, a leading New Zealand law firm Russell McVeagh has published the findings of a wide-ranging, independent review (see here) into claims that five summer interns were sexually harassed by a partner and a solicitor at the firm in the summer of 2015-2016 which became the…

What constitutes “normal” remuneration for the purposes of calculating holiday pay, and should pay in respect of voluntary overtime be included? | Employment Law Blog

This question can pose real problems for employers, particularly where individuals are performing different types of work. However, the EAT has recently passed down a helpful judgement, which provides some guidance. In the case of Flowers v East England Ambulance Trust, the EAT held that if voluntary overtime is paid over a sufficient period, such that it can be regarded as “normal” remuneration, it should be taken into account when calculating an individual’s holiday pay. Background The Claimants were ambulance crew staff. They were required to work non-guaranteed overtime. This…

Note on the Polish Supreme Court preliminary ruling request of 2 August 2018

Alicja Sikora, Legal Service, Council of the European Union As Eugene Ionesco put it, you can only predict things after they have happened (Rhinoceros, 1959). On Thursday the Polish Supreme Court submitted to the European Court of Justice a preliminary ruling request under Article 267 TFEU. While doing so it also suspended the application of a Polish law forcing the early retirement of Supreme Court justices who are above 65 years old, including the President of the Supreme Court whose mandate is guaranteed by the Polish Constitution. This is a…