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.
Read More

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.
Read More

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.
Read More

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.
Read More

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.
Read More

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...
Read More