Employment Law in the EU
Is it much different than in the UK? Here's a brief look at the major differences
As I drive around southern Spain on a mini road trip, I got to thinking about what it would be like to practice employment law where most days, the sun is shining and temperatures are well above freezing!
I could work remotely, as I am whilst writing this article, but what do I know about EU employment law? One would have thought that as a previous member of the EU, our employment laws would be very much the same, but they’re not.
What are the big differences over here to back home?
As we know, the world of employment law is complex and varies significantly across different jurisdictions. Particularly notable are the differences between the UK and EU member states. These differences have become more pronounced following the UK's departure from the EU - Brexit.
Here are the major distinctions in employment law between the UK and EU member states.
Employment contracts and worker classification
UK: Employment contracts in the UK are generally flexible. The classification of workers as employees, workers, or self-employed is crucial, as it determines their rights and protections. For example, 'workers' (a category between employee and self-employed) enjoy some employment rights such as minimum wage and paid holiday, but not all that full employees receive.
EU: Many EU countries, like France and Germany, have more rigid contract structures and broader definitions of employment. These nations often offer greater protection to a wider range of workers, including part-time and temporary employees, than the UK.
Working hours and leave
UK: The UK adheres to the Working Time Regulations, which are derived from the EU Working Time Directive but with some opt-outs. For instance, UK workers can opt out of the 48-hour maximum workweek, something not commonly permissible in many EU states.
EU: In contrast, EU member states typically enforce a strict maximum working week, often without the option for individual opt-outs. Additionally, EU countries generally offer more generous annual leave. For example, France mandates a minimum of five weeks of paid annual leave, compared to the UK's 28 days (including public holidays).
Termination of employment
UK: The UK's approach to termination of employment is relatively employer-friendly. The notice periods and severance pay are generally lower than in many EU countries. However, unfair dismissal protections are strong, provided the employee has been employed for two years or more.
EU: In contrast, EU countries often have stringent laws governing termination. For example, in Germany, the protection against dismissal is particularly robust, with strict procedures for termination and typically higher severance pay.
Discrimination laws
UK and EU: Both the UK and EU have comprehensive anti-discrimination laws. However, the enforcement and compensation in discrimination cases can vary. The UK, for instance, has uncapped damages for discrimination cases, which is not the case in some EU countries.
Trade union representation
UK: The UK has a more individualistic approach to employment relations, with less emphasis on trade union representation in the workplace compared to many EU countries.
EU: In contrast, countries like Sweden and Germany have a strong tradition of collective bargaining and worker representation in company decision-making processes.
Maternity and Paternity Leave
A notable example of the difference in employment law is maternity and paternity leave. In the UK, eligible employees can take up to 52 weeks of maternity leave, with statutory pay for up to 39 weeks. Paternity leave is up to 2 weeks. In contrast, Sweden, an EU member, offers 480 days of parental leave, which can be shared between parents, with significant portions at a high percentage of the salary.
While there are overarching similarities in the protection of workers' rights, the approach and extent of these protections vary significantly between the UK and EU member states. The UK tends to lean towards more flexible employment practices and employer-friendly regulations, whereas EU countries often favor more rigid structures with greater employee protections. This divergence has been further highlighted post-Brexit, making it essential for businesses and individuals operating across these regions to understand and navigate these differences effectively.
So, for the time being, I’ll stick to UK employment law, but it does make interesting reading identifying the differences between jurisdictions.
Former Worcester Warriors players awarded compensation following tribunal
Following the demise of Warriors as well as similar events at Wasps and London Irish, all players, plus non-playing staff, were made redundant with no notice.
The Rugby Players Association (RPA) brought forward employment tribunal proceedings on behalf of 167 of its members to pursue claims for protective award compensation regarding the players’ redundancies. Worcester Observer
Primary school teacher who accused colleagues of 'blackophobia' wins unfair dismissal and race discrimination case
A black teacher children 'doted on' has won an unfair dismissal and race discrimination case against her former primary school after she accused staff of 'blackophobia'.
Andrea Mairs, a teacher at Kings Road Primary School in Stretford, Trafford, for more than 20 years, took her case to an employment tribunal after she was dismissed in 2022 on the grounds of an 'irretrievable breakdown' between her and the school's senior leadership team. Manchester Evening News
Premier League reaches out-of-court settlement with employee who had accused the organisation of racial and disability discrimination just hours before the start of a potentially damaging employment tribunal
Just hours before the start of a potentially damaging employment tribunal, in which, crucially, chief executive Richard Masters was due to give evidence, the late development avoids what was gearing up to be an unconformable scenario for English football’s leading stakeholder.
Original court listings identify Masters and director of people Catherine Paterson as respondents in the case, well-placed sources have indicated their roles in proceedings were as witnesses. Daily Mail
Row at major Welsh employer as HR boss quits £123,000 job then tries to get it back
A former HR boss at the Royal Mint has accused the coinmaker of discrimination after she quit her £123,000-a-year job then unsuccessfully tried to rescind her resignation. Sarah Bradley has taken the Llantrisant-based company to an employment tribunal.
Mrs Bradley, who worked at the Royal Mint from 2009 to 2022, was director of human resources during her final seven years at the manufacturer, which is wholly owned by HM Treasury and has more than 900 employees. The 57-year-old is heavily critical of Royal Mint chief executive officer Anne Jessopp – who was awarded a CBE in the latest New Year Honours list – in a claim of disability and sex discrimination. Wales Online