Capstan News

The key updates in employment law.
Practical insights from Capstan lawyers.

A resignation validly challenged four months later
A resignation validly challenged four months later

A resignation must reflect a clear and unequivocal intention to end the contract. Where an employee later challenges their resignation and asks for it to be reclassified as a dismissal without grounds...

Two sexually suggestive text messages are enough
Two sexually suggestive text messages are enough

Harassment cases call for a two-stage analysisย : the employee puts forward facts suggesting harassment, after which it is for the employer to prove that the conduct does not amount to harassment and t...

โ€˜Ambientโ€™sexual harassmentย : a witness to offensive conduct can be a victim
โ€˜Ambientโ€™sexual harassmentย : a witness to offensive conduct can be a victim

Sexual harassment is defined by its effects, not by the identity of its targetย : the Labour Code prohibits repeated sexual or sexist comments or conduct that undermine a personโ€™s dignity or create an ...

A former employeeโ€™s image kept onlineย : open-ended consent lapses when the contract ends
A former employeeโ€™s image kept onlineย : open-ended consent lapses when the contract ends

The right to oneโ€™s image, an aspect of the right to respect for private life protected by Article 9 of the Civil Code, covers the capture, storage, reproduction and use of a personโ€™s image. The Court ...

Residence clausesย : the needs of the business alone do not justify restricting a free choice of home
Residence clausesย : the needs of the business alone do not justify restricting a free choice of home

Anyone has the right to choose where they live, as an aspect of the right to respect for the home protected by Article 8 of the European Convention on Human Rights. An employer may interfere with that...

Reorganising the spread of working hours over the day falls within the employerโ€™s management powers
Reorganising the spread of working hours over the day falls within the employerโ€™s management powers

Subject to any excessive infringement of the employeeโ€™s right to respect for their personal and family life or their right to rest, deciding on a new distribution of working time across the day falls ...

A pregnancy-related dismissal is void even where the employee concealed her pregnancy which allegedly led the employee to expose her foetus to a dangerous environment
A pregnancy-related dismissal is void even where the employee concealed her pregnancy which allegedly led the employee to expose her foetus to a dangerous environment

Under French law, any dismissal based, even in part, on an employeeโ€™s pregnancy is void. A pregnant employee is, moreover, not required to disclose her pregnancy โ€“ save where she claims the protection...

Daily sickness benefitsย : attending a job interview during sick leave is an unauthorised activity
Daily sickness benefitsย : attending a job interview during sick leave is an unauthorised activity

To receive daily social security benefits while on sick leave, an employee must refrain from any activity that has not been expressly and previously authorised by the prescribing doctor. The case law ...

Data protection in recruitment: CNIL announces 2026 enforcement priority
Data protection in recruitment: CNIL announces 2026 enforcement priority

CNIL โ€“ Press Releaseย of 3 April 2026In a press release of 3 April 2026, Franceโ€™s data protection authority (CNIL) announced that recruitment will feature among its 2026 enforcement priorities. Three y...

Electronic voting in works council elections: a new CNIL recommendation
Electronic voting in works council elections: a new CNIL recommendation

CNIL Resolution no. 2026-045 of 19 March 2026 on the security of electronic remote voting systemsBy a resolution of 19 March 2026, Franceโ€™s data protection authority (CNIL), working with the national ...

Economic simplification bill: key labour-related provisions
Economic simplification bill: key labour-related provisions

The joint committee text of the economic simplification bill, which aims to reduce the administrative burden on businesses, was adopted by the National Assembly on 14 April 2026 and by the Senate on 1...

New fuel allowance for low-income workers using their personal vehicle for work
New fuel allowance for low-income workers using their personal vehicle for work

Decree no. 2026-333 of 30 April 2026In response to rising fuel prices triggered by the conflict in the Middle East, the Government has introduced a one-off fuel allowance of โ‚ฌ50, paid directly to elig...

Wilful misconduct: intent to harm established by systematic disparagement of management
Wilful misconduct: intent to harm established by systematic disparagement of management

Under French law, wilful misconduct (faute lourde) is the most severe form of dismissal. Beyond gross misconduct (faute grave), it requires proof of the employeeโ€™s intent to harm the company. That int...

Producing documents covered by medical confidentiality in court: the necessity and proportionality test
Producing documents covered by medical confidentiality in court: the necessity and proportionality test

Under French law, the principle of medical confidentiality protects all information about a patient that comes to the knowledge of healthcare staff. The Court of Cassation has clarified the conditions...