Mark Mansell


Employment & Immigration

Transfer of Undertakings: Contracting out of Services
European Union | 10 December 2003

The decisive factor in determining whether the Acquired Rights Directive results in a 'relevant transfer' of employees on a contracting-out is whether there is a stable economic entity which retains its identity. In considering whether an entity retains its identity, a distinction is made between 'asset-reliant' and 'labour-intensive' entities.

Pensions Directive Now in Effect
European Union | 10 December 2003

The EU Pensions Directive, first proposed over 10 years ago, finally came into effect in September 2003. The directive aims to pave the way for pension schemes to operate, and be managed, across EU borders - an attractive proposition to multinational companies due to the potential for cost savings and simplified administration.

Social Partner Text on 'Socially Intelligent' Restructuring
European Union | 29 October 2003

In June 2003 the EU-level social partners agreed a joint text on socially intelligent restructuring, which provides companies with a set of guidelines to follow in order to ensure successful change management. Key recommendations include good-quality, timely and open communications, and developing workers' skills and qualifications.

Working Time: ECJ Rules on Status of On-Call Working
European Union | 29 October 2003

The European Court of Justice has ruled that all on-call duty performed by a doctor required to be present in a hospital constitutes 'working time' for the purposes of the Working Time Directive. This will be the case even where the doctor sleeps at the hospital when his services are not required, and periods of sleep or inactivity do not amount to rest periods.

Commission Consultation on Data Protection in the Workplace
European Union | 15 October 2003

The European Commission is planning a draft directive on data protection in the workplace in 2004 or 2005. Its proposals include a general European framework on the processing of medical data, and limits on the use of data resulting from drug and genetic testing.

Council Fails to Agree on Temporary Agency Workers Directive
European Union | 23 July 2003

The EU Council of Ministers has failed to reach political agreement on the proposed directive regulating the working conditions of temporary agency workers. A key area of disagreement is the length of the qualifying period before protection applies.

Report on Sustainability and Security of National Pension Systems
European Union | 14 May 2003

The European Commission has published a report as part of an EU initiative to promote the sustainability and security of national pension systems. Key among the findings is that the ratio of people over 65 to people of working age is expected to double between now and 2050, with pensions expenditure in most member states rising significantly from about 2015 onwards.

Directive on Temporary Agency Workers Progresses Slowly
European Union | 07 May 2003

In November 2002 the European Parliament approved the proposal for a directive regulating the working conditions of temporary agency workers. However, the European Council has been unable to agree on a revised text, primarily due to continuing disagreement on the length of the qualifying period before the protection applies.

Directive on Harmonization of Pension Regulation
European Union | 07 May 2003

There has been further progress towards the proposal for a directive for EU-wide rules on the activities and supervision of institutions operating occupational retirement provision services. The current draft introduced a number of changes, including a provision allowing schemes to provide retirement benefits in the form of a lump sum without restriction.

Proposed Takeover Bids Directive: Information and Consultation Rights
European Union | 12 February 2003

The European Commission recently presented a new proposal for a directive on takeover bids, which affords employees and their representatives stronger information and consultation rights than those contained in the previous proposal rejected by the European Parliament in July 2001.

Experts Make Recommendations on Director Remuneration
European Union | 12 February 2003

A high-level group of company law experts, appointed by the European Commission to make recommendations aimed at modernizing the regulatory framework for company law, has published its final report. They include a recommendation that the costs of all share incentive schemes be properly accounted for in annual accounts.

Strengthened Rights for Temporary Agency Workers Proposed
European Union | 05 February 2003

The European Parliament has suggested a number of changes to the proposed directive on the working conditions of temporary agency workers. These include confirmation that the principle of non-discrimination should be applied from the commencement of a temporary agency worker's assignment, and an exemption for member states unaccustomed to the non-discrimination principle.

Amendment to Equal Treatment Directive
European Union | 05 February 2003

An amendment to the 1976 Equal Treatment Directive, which strengthens worker protection against discrimination on grounds of sex, marital or family status and pregnancy and maternity, requires implementation by member states by October 5 2005. Among other things, it requires member states to establish equality monitoring bodies.