employment – Page 41 – Current Awareness

“Do you get all of the service charge?” – Hardwicke Chambers

Posted December 12th, 2018 in employment, news, remuneration by sally

‘Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years:

“The government has announced plans to ensure that tips left for workers will go to them in full. While most employers act in good faith, in some sectors evidence points towards poor tipping practices, including excessive deductions being made from tips left by customers. New legislation, to be introduced at the earliest opportunity, will set out that tips must go to the workers providing the service.”’

Hardwicke Chambers, 1st November 2018

Source: hardwicke.co.uk

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

Posted December 11th, 2018 in appeals, EC law, employment, judges, judiciary, limitations, news, part-time work, pensions, Supreme Court by sally

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

Cloisters, 7th November 2018

Source: www.cloisters.com

On the spot: accidents at work – New Law Journal

Posted December 11th, 2018 in accidents, duty of care, employment, health & safety, homicide, negligence, news, sentencing, victims by sally

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

‘No deal’ Brexit EU citizens’ rights plans published – OUT-LAW.com

Posted December 11th, 2018 in brexit, citizenship, employment, immigration, news by sally

‘Only European Economic Area (EEA) citizens already resident in the UK by 29 March 2019 would be entitled to apply for the UK’s settlement scheme in the event of a ‘no deal’ Brexit, according to a new policy paper published by the government.’

OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Bus driver sacked for positive cocaine test awarded £40k as tribunal agrees drug came from students’ notes – Daily Telegraph

Posted November 21st, 2018 in compensation, disabled persons, disciplinary procedures, drug abuse, employment, employment tribunals, evidence, news, wrongful dismissal by tracey

‘A bus driver who was sacked for testing positive for cocaine has been awarded £40,000 after a tribunal ruled the drug could have got into his system when he licked his fingers after accepting notes from students.’

Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

One in five cancer sufferers face discrimination in the workplace – Daily Telegraph

Posted November 20th, 2018 in cancer, disability discrimination, employment, equality, news by sally

‘Record number of cancer sufferers are facing discrimination at work as employers fear they will not pull their weight, a study by Macmillan Cancer reveals today.’

Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

Is it legal for your boss to make you wear a bra to work? – The Guardian

Posted November 13th, 2018 in employment, equality, news, sex discrimination, women by sally

‘What are women’s rights in this area? Can you really get sacked for not wearing a bra? According to Hayley Johnson, a senior associate in employment law for Slater and Gordon: “If someone was dismissed for not wearing a bra at work, that could be discriminatory under current law,” she says.’

The Guardian, 12th November 2018

Source: www.theguardian.com

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

Posted November 13th, 2018 in appeals, contract of employment, disclosure, employment, employment tribunals, judges, judiciary, Ministry of Justice, news, public interest, Supreme Court, whistleblowers by sally

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

Posted November 13th, 2018 in bullying, disclosure, employment, harassment, injunctions, inquiries, news, non-disclosure agreements, parliamentary privilege, race discrimination, select committees, sexual offences, victims by sally

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

BREXIT: UK employers must check EU citizens’ right to work in UK – OUT-LAW.com

Posted November 1st, 2018 in brexit, EC law, employment, freedom of movement, immigration, news, pilot schemes by sally

‘A UK government minister has said the onus will be on employers to ensure that EU citizens have the right to work in the UK after the withdrawal from the EU in March next year.’

OUT-LAW.com, 1st November 2018

Source: www.out-law.com

Uber appeals against drivers’ rights to pay and holiday – BBC News

Posted October 30th, 2018 in appeals, contract of employment, employment, employment tribunals, holiday pay, news, remuneration, self-employment, taxis by sally

‘A long-running case over the status of Uber drivers will be heard in the Court of Appeal on Tuesday and Wednesday.’

BBC News, 30th October 2018

Source: www.bbc.co.uk

Employer liability for criminal data breach by rogue employee – Technology Law Update

Posted October 29th, 2018 in data protection, employment, misuse of private information, news, vicarious liability by sally

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

Technology Law Update, 26th October 2018

Source: www.technology-law-blog.co.uk

Gender Recognition Act ‘could criminalise innocent staff’ – Law Society’s Gazette

Posted October 26th, 2018 in disclosure, employment, gender, news, transgender persons by tracey

‘HR staff trying to help trans people applying for a job may inadvertently commit a criminal offence under the Gender Recognition Act, employment lawyers have told the government, which is considering how trans people can achieve legal recognition more easily.’

Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

Posted October 24th, 2018 in agreements, appeals, bullying, complaints, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, racism, sexual offences by tracey

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

London Zoo fined after keeper fell from faulty stepladder retrieved from skip – Daily Telegraph

Posted October 24th, 2018 in accidents, animals, charities, employment, fines, health & safety, news, personal injuries by tracey

‘London Zoo has been fined £40,000 after a keeper cleaning out a hawk aviary fell off a faulty step ladder that was wrongly retrieved from a skip.’

Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

Panopticon, 22nd October 2018

Source: panopticonblog.com

Morrisons loses data leak challenge – BBC News

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, sentencing, vicarious liability by sally

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

BBC News, 22nd October 2018

Source: www.bbc.co.uk

End of ‘buying off’ sexual assault victims hailed by campaigners, as gagging orders set to be banned – Daily Telegraph

Posted October 15th, 2018 in bills, bullying, complaints, disclosure, domestic violence, employment, harassment, human rights, news, non-disclosure agreements, sexual offences, victims by tracey

‘Victims campaigners have welcomed plans to outlaw gagging orders which prevent employees from disclosing sexual abuse at the hands of their bosses. The plans, which will be introduced as part of the domestic abuse bill, will stop companies from drawing up agreements that bar workers from going to the police.’

Daily Telegraph, 14th October 2018

Source: www.telegraph.co.uk

New law could force employers to reveal race pay gap figures – The Guardian

Posted October 12th, 2018 in employment, minorities, news, remuneration by sally

‘Employers could be obliged to release their race pay gap statistics under new plans to be unveiled by Theresa May to increase ethnic minority representation in the workplace.’

The Guardian, 11th October 2018

Source: www.theguardian.com

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