Employment e-news

‘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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Metropolitan Police v Denby

Napthens - December 5th 2017
Where another person influences a decision-maker in a discriminatory way, does this result in them being a joint decision-maker? According to the EAT in Metropolitan Police v Denby the answer is yes. The Claimant, Mr Denby, was a male police officer in charge of the Territorial Support Group. A new Deputy Assistant Commissioner (DAC), Maxine De Brunner, was brought in to drive discrimination out of the police service.
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GDPR: Top 10 Questions & Answers

Napthens - November 24th 2017
1.  Are there any specific clauses I should add to employment contracts to ensure I am compliant with holding data from a GDPR perspective? Commentary even prior to the GDPR suggested that relying on consent to process employee data was...
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GDPR: Subject Access Requests

Napthens - November 8th 2017
This update focuses on a specific data subject right, the right of access to personal data. Such a right is exercised by the data subject making a request, commonly referred to as a “subject access request” (a SAR).
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Can the withdrawal of work result in sex discrimination?

Napthens - October 30th 2017
In the recent case of Ndebele v A Bubble Company Ltd, an employment tribunal considered the question of whether an employer had committed direct sex discrimination when they rejected a female chef’s request to do extra paid work.
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Union launches legal action over redundancies

Napthens - October 30th 2017
In the wake of the collapse of Monarch Airlines, the Union, Unite are launching legal action on behalf of over 1,800 members of staff who were consequently laid off. In August this year the administrators, KPMG, were called in to look at...
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Managing cancer in the workplace

Napthens - October 30th 2017
More than 112,000 people, of working age, are diagnosed with cancer each year. This is in addition to an estimated 700,000 employees currently caring for somebody with cancer in the UK. So what are their rights and how can you help?
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GDPR: Data Breaches

Napthens - October 27th 2017
Companies will readily be aware of the impending implementation date of the General Data Protection Regulations (GDPR), which is due to come into effect in May next year. As a result businesses are understandably concerned about the...
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GDPR: Data Subject Rights

Napthens - October 16th 2017
The GDPR brings a new level of protection to the rights of individuals which organisations will need to consider carefully. A “data subject” is any individual who can be identified or distinguished from another, from personal data held.  Rights of data subjects are intentionally strengthened in the new regulations from being able to restrict certain processing, to being able to receive personal data and transfer it to another controller (which will be known as “data portability”). In this article, we look at some of the key changes to specific rights and how these might influence the way businesses receive, store and transfer personal data.
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GDPR: How to audit the data you hold

Napthens - October 4th 2017
Your first step is to simply understand how the GDPR will affect you, and that means understanding a little bit more about the personal data that you hold. What is personal data? The underlying basis as to what constitutes personal data is...
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The first prosecution for failure to provide a workplace pension scheme

Napthens - September 28th 2017
Since 2012, there has been an obligation on a continuously increasing number of employers to automatically enrol eligible workers into a qualifying pension scheme in accordance with the (Pensions Act 2008). These obligations have been phased in according to the employer’s “staging date” and, by February 2018; all employers will be required to comply, irrespective of the number of their employees.
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British Airways vs. Pinaud

Napthens - September 28th 2017
In the recent case of British Airways vs. Pinaud which was an appeal to the Employment Appeal Tribunal (EAT), the EAT explored the issue of less favourable treatment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (“the Regulations”).
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Equal pay claims for Asda retail employees

Napthens - September 28th 2017
Earlier this month the Employment Appeal Tribunal (EAT) rejected an appeal by ASDA against an earlier ruling by the Manchester Employment Tribunal, which found in favour of over 15,000 (mostly female) current and former Asda employees. At the Manchester Employment Tribunal, the Claimants were successful in seeking a ruling confirming that they were entitled to compare their jobs in Asda’s retail stores with those who work in Asda’s distribution centres for the purposes of an equal pay claim, which the EAT agreed with.
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