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The EU General Data Protection Regulation and your business
SPEEDREAD: A summary of the main issues you and your business need to be aware of regarding the GDPR. It will replace the Data Protection Act and so if you deal with personal or sensitive data in your business (all employers process personal data) you NEED to read this and make sure you are getting ready.
What is the …
Employment Law Newsletter – January 2018
2017 Employment Law Round Up & What to Expect in 2018
We’ve taken a look back at 2017 to see what the biggest issues in Employment Law were, and to see what might turn up this year.
Undoubtedly, the employment status of workers has given the tribunals and courts plenty to keep them busy recently. Arguably this is at once both a …
Employment Law Newsletter - December 2017
- Data Protection: Employee’s criminal breach causes employer to be held liable
- Right to Privacy: Surveillance cameras in university auditoriums violate human rights
- Holiday Pay: No time limit on right to paid annual leave where employer refuses paid leave
- Discrimination: Burden of Proof test restored
- Worker status: Uber loses direct appeal application to Supreme Court
- Disability and Health: New government paper – ‘Improving Lives: The Future of Work, Health and Disability’
- EHRC: More needs to be done to tackle sexual harassment at work
- Gender Pay Gap: GEO publish new toolkit for employers
- BREXIT: New settled status for EU citizens
- Statutory pay: Proposed increases to statutory pay rates announced for April 2018
Data Protection: Employee’s criminal breach causes employer to be held liable
Employers and their HR departments will be well aware of the concept of vicarious liability. Its reach can be sometimes difficult to fathom, following the logic of the courts. In the case of Various claimants v Wm Morrisons Supermarket PLC  EWHC3113 (QB), the employer was found to be vicariously liable by …
Right to Privacy: Surveillance cameras in university auditoriums violate human rights
The European Court of Human Rights has recently had to consider whether video cameras installed in a university’s student auditoriums breached the Right to Respect for Privacy and Private Life set out in Article 8 of the European Convention on Human Rights.
The case before it originated from Montenegro …
Holiday Pay: No limit on right to paid annual leave where employer refuses paid leave
In King v The Sash Window Workshop Ltd and another C-214/16 the European Court of Justice looked at paid annual leave rights where employers have discouraged employees from taking leave or refused to pay.
The question before it was whether a worker who does not take paid annual holiday (because the employer …
Discrimination: Burden of proof test restored
In the case of (Ayodele v Citylink Ltd and another  EWCA Civ 1913 the Court of Appeal has restored the original burden of proof test for discrimination cases, namely that the burden of proof is on the claimant to show there has been a prima facie case of discrimination against them (under s.136 of the Equality Act 2010).
This matter arose …
Worker status: Uber loses direct appeal application to Supreme Court
Following our item in the November employment law news that Uber had applied to the Supreme Court (leap frogging the Court of Appeal) for leave to appeal the EAT decision that their drivers were workers, the Independent newspaper has recently reported this request has been refused. All this means for now is that Uber …
Disability and Health: New government paper – ‘Improving Lives: The Future of Work, Health and Disability’
In Autumn last year, the government published a green paper setting out a ten-year vision for reforming the relationship between work and health. They sought ideas on how to keep people with disabilities and long-term health problems in work, dealing with employer …
EHRC: More needs to be done to tackle sexual harassment at work
The Equality and Human Rights Commission (EHRC) has taken a stand against sexual harassment in the workplace by focussing on business leaders. It has announced it will take legal action against prominent organisations that fail to adequately investigate, identify and address sexual harassment claims. This comes in the form of a …
Gender Pay Gap: GEO publish new toolkit for employers
The Government Equalities Office (GEO) has published a new toolkit for employers on how to calculate and publish their gender pay gap information, called ‘Gender Pay Gap: Actions for Employers’. It contains a To Do List, which includes analysing the data, committing to an action plan and then monitoring progress, and focusses …
BREXIT: New settled status for EU citizens
In November, the UK government published further information on its proposed new “settled status” scheme for EU citizens who wish to stay in the UK post-Brexit, as part of its ‘UK leaving the EU: What you need to know’ information. The aim is for this new status to allow lawful residence in the UK for most EU citizens who …
Statutory pay: Proposed increases to statutory pay rates announced for April 2018
Every year the government reviews the prescribed rate of statutory benefit payments. Any rate is applied from the April following the September in which the Consumer Price Index (CPI) is measured. If there is an annual increase in the CPI, the prescribed rates will be increased in line with that, unless there has …
Written Shareholders’ Resolutions
SPEEDREAD: We have set out a quick summary of the main points that private companies should be aware of to enable them to use written resolutions, with an explanation of what is usually needed and how they will be passed.
Private companies are able to pass shareholders’ resolutions by way of written resolutions rather than holding a general …
Employment Law Newsletter - November 2017
- Worker status: Uber drivers are still workers, new appeal launched
- Worker Status: Deliveroo riders are not workers
- Contract: False reason for dismissal can be breach of implied term
- Without prejudice: Protection cannot be used as shield and sword at same time
- Working Time Directive: Weekly rest period can start at any point within reference period
- Trade Union: Employment cannot be refused on basis of past trade union activities
- Discrimination: Dismissal due to marital difficulties can be direct discrimination
- Brexit: EHRC says government must protect equality in constitution post departure
- Data Protection: Start preparing now for the GDPR
- ACAS: Stress at Work guide available
- Paid Leave: Parental Bereavement (Leave and Pay) Bill receives second reading
- Tribunals: Employment tribunals Refund Scheme now open
- Courts & Tribunals: Closure dates over holiday period
- Christmas & bad weather advice
Worker status: Uber drivers are still workers, new appeal launched
On 10 November, the EAT handed down its decision in the Uber decision, upholding the employment tribunal's ruling from October last year that Uber drivers are 'workers' and therefore qualify for workers' rights. This means the claimants were able to pursue their claims made under the Employment Rights Act 1996, the …
Worker Status: Deliveroo riders are not workers
In November 2016, the Independent Workers Union of Great Britain (IWGB) made an application for compulsory recognition under Schedule A1 of the Trade Unions and Labour Relations (Consolidation) Act 1992 to the Central Arbitration Committee (CAC) in respect of Deliveroo (Independent Workers Union of Great Britain v RooFoods Ltd (t/a Deliveroo) TUR1/9 …
Contract: False reason for dismissal can be breach of implied term
The question before the EAT in Rawlinson v Brightside Group Ltd  UKEAT/0142/17/DA was whether an employee who had resigned in response to a reason for dismissal which turned out to be false could then bring a claim for breach of contract to recover his notice pay.
The EAT held that the tribunal had concluded …
Without prejudice: Protection cannot be used as shield and sword at same time
You may have heard the phrase “without prejudice” but are not entirely sure what it means. When trying to negotiate a genuine settlement in a dispute, the parties may use the words “without prejudice” either in writing or orally, to prevent any admissions they make from being used against …
Working Time Directive: Weekly rest period can start at any point within reference period
In June, Advocate General Saugmandsgaard Øe gave an opinion that the 24-hour weekly rest period provided by the Working Time Directive (Directive 2003/88/EC) may be granted on any day in each seven-day reference period. In the case of Maio Marques da Rosa v Varzim Sol – …
Trade Union: Employment cannot be refused on basis of past trade union activities
In Jet2.com Ltd v Denby UKEAT/0070/1, a pilot brought an action against Jet2.com Ltd under s.137 of the Trade Union and Labour Relations (Consolidation) Act 1992 because he was refused employment by the airline due to historical involvement in trade union activities. Section 137 states that it is unlawful to refuse …
Discrimination: Dismissal due to marital difficulties can be direct discrimination
Direct marriage and civil partnership discrimination is set out in section 13(1) of the Equality Act 2010. It occurs where a person (A) treats another (B) less favourably than A treats or would treat others because B is married or a civil partner.
In Gould v Trustees of St John's Downshire Hill UKEAT/0115/17& …
Brexit: EHRC says government must protect equality in constitution post departure
The Equality and Human Rights Commission (EHRC) is a watch dog that was set up by the government with the aim of challenging discrimination, and protecting and promoting human rights. Its job, it says, is to make Britain fairer. To this end, the Commission has been vocal about what the landscape should …
Data Protection: Start preparing now for the GDPR
As we reported last month, the UK’s law regarding Data Protection is changing in a big way soon through implementation of the General Data Protection Regulation (GDPR) and the new Data Protection Bill, which is currently being debated in parliament. If your business deals with personal data in any way it will need to abide by, and …