Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q2 2021 Global Guide Quarterly updates   Download full Q2 2021 Global Guide Quarterly

Holiday Pay for Period Between Unlawful Dismissal and Reinstatement

Precedential Decision by Judiciary or Regulatory Agency

Authors: Raoul Parekh, Partner and Dónall Breen, Associate - GQ | Littler

On June 25, 2021, the European Court of Justice (CJEU) held that, under the Working Time Directive (2003/88/EC), workers who are found by a national court to have been unlawfully dismissed and are then reinstated are entitled to holiday pay in respect of the period between dismissal and reinstatement. The CJEU found it would be unfair for a worker who is denied the ability to work because of their employer’s wrongful act to suffer as a result.

EU’s Equal Pay Law Supports “Equal Value” Claims Brought in Domestic Courts in EU Member States

Precedential Decision by Judiciary or Regulatory Agency

Authors: Raoul Parekh, Partner and Chris Coombes, Associate - GQ | Littler

On June 3, 2021, the European Court of Justice (ECJ) held that Article 157 of the Treaty on the Functioning of the European Union (TFEU) has direct effect in relation to equal pay claims based on equal value and, therefore, can be directly relied upon by claimants in domestic courts in EU member states. The CJEU also confirmed that, as long as there is a “single source” which is responsible for determining claimants’ and comparators’ pay, their work and pay could be compared for the purposes of determining equal pay claims, even if the two groups work in different establishments. This decision could lead to more equal pay claims in the EU, as it potentially makes it easier for claimants to rely directly on the principles of EU equal pay law and draw a comparison with employees working in a different role in a different establishment.

European Commission Adopts Adequacy Decision for the UK, Under GDPR

New Regulation or Official Guidance

Authors: Darren Isaacs, Partner and Deborah Margolis, Associate - GQ | Littler

On June 28, 2021, the European Commission adopted an adequacy decision for the UK under the General Data Protection Regulation (GDPR). Following Brexit, the UK would be a “third country” for data transfer purposes, such that additional safeguarding measures would need to be put in place. The adequacy decision recognizes that the UK has incorporated GDPR into domestic law and provides adequate protection to individuals and that as a result, personal data may flow freely from the UK to the EU, and vice versa. The adequacy decision is limited to four years and any future divergence in the UK's data privacy rules will be kept under review. In practice, this means that UK companies can continue operating under the same data privacy framework when dealing with EU citizens' personal data.