Littler Global Guide Quarterly – Global Legal Updates

The Global Guide Quarterly (GGQ) is Littler’s quarterly newsletter offering updates on key labor and employment law developments across the Americas, APAC, and EMEA. Read the Danish news for the first quarter of the year below, and find the full guide on Littler.com.

New Act on Public Employees’ Freedom of Expression Adopted

On May 20, 2025, the Danish Parliament passed the Act on Public Employees’ Freedom of Expression, which took effect on July 1, 2025. The Act codifies existing principles regarding public employees’ right to express personal views, providing a clearer legal framework to support participation in public debate without fear of disciplinary consequences. This reflects a broader commitment to workplace freedom of expression and democratic transparency.

The Act affirms that public employees may express personal opinions, provided it is clear they are not speaking on behalf of their employer. It applies to all public administration employees, as well as certain self-governing and private institutions performing public functions. However, the right is limited in cases involving the disclosure of confidential information, defamatory or offensive remarks, clearly false claims about the employee’s own work, or statements that significantly disrupt internal operations. The Act also includes discretionary elements that will be further clarified through case law and administrative practice.

A Fall While Working from Home Recognized as an Occupational Injury

On May 2, 2025, the Danish Supreme Court issued a significant ruling regarding the scope of accidents covered by Section 5 of the Danish Workers’ Compensation Act.

The case involved an employee who was working from home. During her workday, she left her desk to make coffee. On her way back, she tripped over a personal storage box on the floor and was injured. Although the parties agreed that the coffee break was reasonably work-related, they disputed whether the injury qualified as a work accident since the box was not related to the employee’s work duties.

The Supreme Court held that the injury occurred during work hours and was therefore covered by the Danish Workers’ Compensation Act, even though the fall was caused by a personal household object. The Court emphasized that employers are responsible for ensuring a safe and healthy work environment, regardless of where the work is performed.

The ruling affirms that employees may be entitled to compensation under mandatory workers’ compensation insurance when working from an employer-approved location, such as their home. The case solely concerned liability under the Danish Workers’ Compensation Act and did not address potential claims under general tort law.

Dismissal Due to Upcoming Fertility Treatment Violated the Equal Treatment Act

On April 15, 2025, the Danish Supreme Court ruled that the dismissal of a female employee shortly after she informed her employer of her intention to undergo fertility treatment violated the Danish Equal Treatment Act. The employee, who had been permanently employed since May 2020, notified her manager and team in late June of her upcoming egg retrieval procedure. She went on vacation shortly after and was dismissed without written explanation upon her return in July. Although the fertility treatment had not yet begun at the time of dismissal, the Court found that the timing of the termination raised a presumption of sex-based discrimination under Section 4 of the Act.

The Court clarified that Section 9 of the Act—which protects against dismissal due to pregnancy or ongoing fertility treatment—did not apply, as the treatment had not yet commenced. However, the employee’s disclosure of her treatment plans and the immediate termination triggered protection under Section 4, which prohibits discrimination based on sex. The burden then shifted to the employer to prove that the dismissal was unrelated to the planned treatment, which it failed to do. As a result, the employee was awarded compensation of DKK 150,000, equivalent to six months’ salary.

Read the full guide including employment law news from 45 key jurisdictions including, but not limited to: the U.S., Angola, Belgium, Colombia, Denmark, Gabon, Indonesia, Kenya, Malaysia, Peru, South Africa, Switzerland, and Vietnam, in our newly launched Littler Global Guide Quarterly (Q2).