Employment e-news

Crawford v Network Rail Infrastructure Ltd

Napthens - January 31st 2018
All workers whose shifts last at least 6 hours are entitled to a rest break lasting a minimum of 20 minutes under Regulation 12 of the Working Time Regulations (WTR). During this time the worker is entitled to spend this period away from their workstation, should they have one. However, under Regulation 21, there are some exceptions to the rule. Workers who fall within a “special category” are exempt and can instead be offered an equivalent compensatory rest period.
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The first conviction for deliberately failing to provide staff with a workplace pension

Napthens - December 19th 2017
Back in September we reported that The Pensions Regulator (TPR) brought the first prosecution against Stotts Tours Oldham (STO) and its Managing Director, Alan Stott, for deliberately failing to provide a workplace pension. Last month they admitted to deliberately avoiding giving their staff workplace pensions. Subsequently, they were convicted at Brighton Magistrates’ Court, with their sentencing due to take place on 14 December 2017, at the same Court.
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‘Workers’ must be able to carry over paid annual leave

Napthens - December 19th 2017
Back in June we reported how the European Court of Justice (ECJ) called upon the Advocate General to advise them on the case of The Sash Window Workshop and another v King. Mr King worked as a self-employed, commission-only, salesman for Sash for 13 years and did not receive holiday or sick pay. Upon termination of his contract he bought a claim for unpaid holiday leave, arguing that he failed to take his full entitlement on the basis that it was unpaid and would consequently be out of pocket.
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Morrisons liable for employee’s data breach

Napthens - December 19th 2017
In a worrying case for employers the High Court has recently found in Various Claimants v WM Morrison Supermarkets (WMMS), that WMMS are vicariously liable for the criminal actions of a rogue employee, who disclosed personal information of around 100,000 colleagues, in breach of the Data Protection Act (DPA). It was found that although the breach was outside of his working hours and was from his personal computer, there was still a sufficient connection between his employment and the wrongful conduct, to hold WMMS liable.
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Mental health at work

Napthens - December 5th 2017
Last month the independent Stephenson-Farmer review on how employers can better support the mental health of employees was published. In total 40 recommendations were made, focusing on mental health problems and poor well-being.
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Deliveroo riders are self-employed

Napthens - December 5th 2017
In recent months Tribunals have been finding that those who work within the “gig-economy” are in fact workers as opposed to being self-employed. However in a turn of events, the Central Arbitration Committee (CAC) ruled that Deliveroo Riders are in fact genuinely self-employed and accordingly could not accept the Unions claim for recognition.
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