Tag Archives: ECJ

Mother who had child via surrogacy arrangement not entitled to paid maternity leave under European law

Posted on April 4, 2014 by devonshiresemployment

The ECJ has ruled that it was not a breach of EU law to deny a commissioning mother, who had a child via surrogacy, paid maternity leave and adoption leave despite the fact that she had been breastfeeding the child … Continue reading →

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Collective Redundancies – ECJ to consider removal of the ‘establishment’ requirement

Posted on March 17, 2014 by devonshiresemployment

In the landmark case of USDAW and anor v Ethel Austin Ltd (in administration) and ors the EAT held that employees of Woolworths and Ethel Austin, who worked in stores where less than 20 employees were being made redundant were … Continue reading →

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TUPE and collective agreements – a dynamic interpretation

Posted on March 7, 2013 by devonshiresemployment

Whether an employee can benefit from changes under a collective agreement post TUPE transfer will depend upon whether the agreement is incorporated into their contract of employment. There have been differing opinions in case law as to whether changes to … Continue reading →

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The Working Time Regulations and holidays – are we finally seeing some solutions?

Posted on November 28, 2011 by devonshiresemployment

The Government is currently consulting on proposals to amend the Working Time Regulations to permit the carry-over of annual leave, by those employees who are unable to take it in the year which it accrues due to sickness absence. As … Continue reading →

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