- The speed and severity of the current crisis means UK employers face very difficult and pressing decisions.
- Some intermediate steps can be taken to preserve workforces for a period and avoid immediate redundancies.
- Some form of individual or even collective consultation with employees or their representatives may be necessary. This can be used as an opportunity to seek creative, collaborative solutions to preserve jobs in the short-term.
- We set out a checklist of potential measures below.
Chris Bracebridge specialises in advising employers on global mobility and international employment issues, including the expatriation and dismissal of senior employees who work abroad or across borders. He heads and co-ordinates a team providing the employment, tax and immigration advice required in these complex situations. Mr. Bracebridge’s domestic practice comprises contentious, commercial and advisory employment experience. He advises on the HR aspects of company and business acquisitions and disposals, and outsourcing transactions, defends financial institutions and other major employers in dismissal, discrimination, equal pay and whistle-blowing cases, and advises corporate clients on the full range of day-to-day employment issues, as well as data privacy and pensions matters.
As people head off on their summer breaks, regulators in Europe, particularly Germany, are increasingly focused on the breakdown of the division between home and work life and how this division is changing as mobile devices become used for work-related emails. Regulators are considering new rules that would limit an employer’s ability to require employees…
We are writing with another update on French labor law that could impact international corporate transactions. French President Francois Hollande has proposed a change to French legislation that could remove the threat of imprisonment for directors and senior employees who are found to have breached obligations to consult with works councils and other employee representatives. The implications of this change would be important for businesses in France, and also for international companies involved in mergers, acquisitions and divestitures in France.
Continue Reading Reduced Risk for International Companies Operating In France: Potential Removal Of Severe Sanctions For Failure to Consult with Works Councils
By: Chris Bracebridge, Luciana Griebel, Helena Milner-Smith, and Jenna Wallace
A French law that comes into force on November 1, 2014 will give employees new rights to be informed prior to the sale of a small or medium-sized company, thereby allowing them the opportunity to make an offer to purchase the company. Companies that meet certain threshold requirements (details below) will be required to inform staff of the owner’s intent to sell either the business or shares or securities giving access to the majority of the company’s capital. Failure to comply with the new law may lead to a substantial fine and could even result in the sale being nullified by a court order. The implications of this law are important for business owners in France and also for international companies considering acquisitions in France.
Continue Reading A Trap for the Unwary in International Acquisitions: New Information Rights for Employees Prior to Sale of Company in France
Qualifying UK employees and workers must be automatically enrolled in suitable pension schemes beginning October 1 in order to promote saving for retirement. Suitable pension schemes include defined contribution or defined benefit schemes. There is no obligation to enroll an individual who is already an active member of a qualifying employer scheme. Importantly, employers must make financial contributions to such schemes in respect of each enrolled individual (as must the individual). …
Continue Reading Auto-Enrollment In Pension Schemes Comes Into Force in UK