European Union: Employment Litigation/ Tribunals

The Regional Labor Court of Lower Saxony has issued significant rulings clarifying that whistleblower protection only applies when employees utilize the designated reporting channels established by their organization. These decisions establish important precedents for how companies must structure their whistleblower systems and what protections employees can expect when reporting misconduct.

The German Federal Labour Court examines whether minor errors in mass dismissal notifications automatically invalidate terminations, providing crucial guidance for employers navigating collective redundancy procedures. This commentary analyzes the court's June 25, 2026 ruling and its implications for employment law practice.

Irish employers are increasingly exploring the 'PIP or Go' model as an alternative to traditional performance management processes, offering underperforming employees a choice between entering a formal performance improvement plan or accepting an exit package. While this approach can expedite internal processes and reduce administrative burden, it carries significant legal risks including constructive dismissal claims, discrimination allegations, and potential challenges to subsequent dismissal procedures.

Germany's AGG hopping practice involves individuals submitting fake job applications solely to provoke discriminatory rejections and claim compensation under the General Act on Equal Treatment. Courts have established high thresholds for proving abuse of rights, while employers face significant liability risks despite recent case law developments and pending legislative amendments that may further complicate the landscape.

The German Federal Labor Court has issued critical rulings on occupational pensions that reshape how employers must interpret salary conversion arrangements and pension plan eligibility. These decisions clarify when collective bargaining agreements can validly exclude mandatory employer subsidies and establish that apprentices may accrue pension entitlements under certain plan rules.

The German Federal Labor Court has issued a significant ruling that may ease the administrative burden on international employers terminating employees in Germany. In cross-border situations, the court held that strict written-form requirements under German law may not always apply, potentially allowing termination by email or telephone under certain circumstances. This decision creates new flexibility for U.S. employers and others operating across borders, though careful legal analysis remains essential.

The dismissal of an employee is often one of the most sensitive issues arising within the employment relationship. For employees, termination can create immediate financial and professional uncertainty.

Czechia's draft Pay Transparency Directive legislation represents one of the EU's most structurally prescriptive early transposition models, extending beyond transparency obligations into mandatory pay system...

A Rotterdam District Court has submitted a preliminary question to the Supreme Court regarding whether incapacitated employees accrue holiday entitlements during dormant employment periods.