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Employment Law Newsletter – October 2017
- Unfair dismissal: Whose knowledge is the tribunal concerned with?
- Unfair dismissal: An investigation can be too narrow but not too thorough
- Sex Discrimination: Height requirement can be indirect discrimination where directed at women
- Jurisdiction: Can diplomatic immunity extend to protection from employment claims?
- Data Protection: New bill published and ICO issues law enforcement checklist to get ready for it
- Data Protection: Data Controller Fees to remain payable to ICO
- ACAS guidance: Time to take mental health seriously – New guidance available
- Modern Slavery Act: The government publishes a new practical guide - ‘Transparency in Supply Chains’
- Race Disparity Audit results in new government ‘Ethnicity Facts and Figures’ website
Unfair dismissal: Whose knowledge is the tribunal concerned with?
In July last year we reported the case of Royal Mail Group Limited v Jhuti in which, having made a protected disclosure to her line manager, Ms Jhuti was dismissed due to capability following deliberate misleading of the investigating manager by the same line manager because of the disclosure. Ms Jhuti claimed unfair …
Unfair dismissal: An investigation can be too narrow but not too thorough
The test for determining unfair dismissal was established in British Home Stores Ltd v Burchell . Dismissal for misconduct will be deemed unfair unless at the time of the dismissal:
the employer believed the employee to be guilty of misconduct;
that belief was based on reasonable grounds; and
at the time the …
Sex Discrimination: Height requirement can be indirect discrimination where directed at women
In the case of Ypourgos Ethnikis Pedias kai Thriskeymaton v Kalliri, the European Court of Justice has recently had to consider whether or not the Greek government’s imposition of a regulation requiring a minimum height requirement of 170cm for both men and women joining the police force was …
Jurisdiction: Can diplomatic immunity extend to protection from employment claims?
If you’re of a certain age, you may just smile - and hear Joss Ackland’s South African accent - every time you hear the words “diplomatic immunity”, but how far can it really reach? The Supreme Court has had to consider this very question with regard to the State Immunity Act 1978 and the …
Data Protection: New bill published and ICO issues law enforcement checklist to get ready for it
In a big review of the law on data protection, draft legislation was published on 14 September 2017 (entitled ‘The Data Protection Bill’) and has recently had its second reading in parliament. Its aim is to replace the Data Protection Act 1998 and modernise our data protection laws to …
Data Protection: Data Controller Fees to remain payable to ICO
Section 18 of the Data Protection Act 1998 requires Data Controllers (the person (or persons) who determine the purposes for which and the manner in which any personal data are, or are to be, processed) to notify themselves to the Information Commissioner’s Office (ICO) – e.g. who they are and what data is being …
ACAS Guidance: Time to take mental health seriously – new guidance available
If you weren’t already aware (and you should be) 10th October was World Mental Health Day. With famous faces such as the Duke and Duchess of Cambridge, Prince Harry, Stephen Fry and Rio Ferdinand very publicly discussing mental health issues in order to try to reduce the stigma so attached thereto, ACAS is …
Modern Slavery Act: The government publishes a new practical guide - ‘Transparency in Supply Chains’
A key part of the Modern Slavery Act 2015 is that certain organisations must produce an annual statement detailing the steps they have taken to ensure that neither their business nor their supply chain contain any human trafficking or slavery practices. Under section 54(9) of the Act, …
Race Disparity Audit results in new government ‘Ethnicity Facts and Figures’ website
On 27 August 2016, the Prime Minister, Theresa May, launched an audit of public services to reveal racial disparities by ordering Whitehall departments to identify and publish information showing how outcomes differ for people of different backgrounds, in a huge range of areas including health, …
Employment Law Newsletter September 2017
- Monitoring workers’ emails
- Voluntary overtime, standby allowances and call-out payments and holiday pay
- Quality of time and working time
- Pregnant Workers Directive and pregnancy protection
- New “Vento” bands following consultation
- ACAS publishes new guidance on supporting parents with ill or premature babies
- Uber denied London licence
Uber London loses licence to operate
Uber will not be issued a new private hire licence as they concluded that the firm was not fit and proper to hold a London private hire operator licence. Uber’s current licence is due to expire on 30 September.
ACAS publishes guidance note on supporting parents with ill or premature babies
This guidance provides advice and guidance on how to deal with these sensitive issues including how to communicate with the employee.
New “Vento” bands following consultation
New bands will apply to any claims issued on or after 11 September 2017 and will be:-
Exceptional cases: over £42,000
Upper band (most serious cases): £25,200 to £42,000
Middle band: £8,400 to £25,200
Lower band (less serious cases): £800 to £8,400.
The bands will be reviewed again in March 201 …
Pregnant Workers Directive and pregnancy protection
The Advocate General has given an opinion that pregnant workers may qualify for protection before informing their employer of their pregnancy. In Porras Guisado v Bankia SA and others (Case C-102/16) the Advocate General stated that in her view the Pregnant Workers Directive (92/85/EEC) should protect workers against dismissal the moment …
Quality of time and working time
Advocate General’s opinion is that quality of time is of overriding importance in determining whether or not stand-by duty is “working time”. In Ville de Nivelles v Matzak (C-518/15) the Advocate General has given an opinion that “working time” should not be automatically interpreted to include time spent on “stand- …
Voluntary overtime, standby allowances and call-out payments and holiday pay
In Dudley Metropolitan Borough Council v Willetts and others UKEAT/0334/1 the EAT found that voluntary overtime, out of hours standby payments and call out payments should be included in holiday pay for the four weeks’ leave under the Working Time Regulations notwithstanding that there was no obligation for …
Monitoring Workers’ Emails
In Barbulescu v Romania (Application no. 61496/08)  ECHR 742 the Grand Chamber of the European Court of Human Rights (ECtHR) considered an appeal, finding that workers have a right to respect for privacy in the workplace. If an employer is going to monitor emails the employer should inform the worker that their communications might be monitored.& …
Heads of terms – what are they and why bother?
In our professional experience there are many advantages to clients using Heads of Terms, both when selling or purchasing a business or when selling or purchasing shares. They can also be used for loan finance and other transactions, joint ventures, project financing and private equity investments. You may also have come across …
Employment Law Newsletter July 2017
- Discrimination arising from disability
- Ex-employee sent to prison for breaching court order regarding confidential data
- The Supreme Court declares employment tribunal fees are unlawful
- The Taylor Review’s recommendations are now out
- EU General Data Protection Regulation
- Parental Bereavement (Pay and Leave) Bill
- BBC publishes the names and pay of everyone earning more than £150,000
- Consultation on Vento Bands
Discrimination arising from disability: advantageous treatment was not unfavourable
In Williams v The Trustees of Swansea University Pension & Assurance Scheme and another  EWCA 1008 Civ the Court of Appeal (COA) considered whether advantageous treatment, which could have been more advantageous, could constitute unfavourable treatment. The employee was retired for ill health …
Whistleblowing: the public interest test is considered
In Chesterton Global Ltd (t/a Chestertons) and another v Nurmohamed and another  EWCA Civ 979 the Court of Appeal (COA) considered for the meaning of the "public interest" test. The COA upheld the ET’s decision that the worker’s allegations of financial misreporting, that had …
Ex-employee sent to prison for breaching court order regarding confidential data
In OCS Group UK Ltd v Dadi and others  EWHC 1727 (Ch) a former employee of the claimant was sent to prison for breach of an injunction. The injunction was granted in order to preserve evidence pending the trial against the former employee for breach of confidence.
Supreme Court declares employment tribunal fees are unlawful
In R (on the application of UNISON) v Lord Chancellor the Supreme Court has declared employment tribunal and EAT fees to be unlawful. The Court declared that the regime was unlawful and must be quashed because it has the effect of preventing access to the tribunal system. The fee regime has been in effect from 29 July 2 …