Employment News

GDPR – Not Another Y2K Damp Squib

Many have queried whether the hype surrounding the implementation of the GDPR and the "reforms" to our Data Protection regime was all bluster and scaremongering. Read more

Parental Bereavement (Leave and Pay) Act 2018 receives Royal Assent

The Parental Bereavement (Leave and Pay) Bill has received Royal Assent, becoming the Parental Bereavement (Leave and Pay) Act 2018. Read more

Does a Five-Month Cessation of Activities Preclude the Operation of TUPE?

No, declared the European Court of Justice (ECJ) in the case of Colino Sigüenza v Ayuntamiento de Valladolid and others, but it determined that dismissals arising from the transfer were probably for an "economic, technical or organisational" reason, which is critical to avoid a claim of automatic unfair dismissal. Read more

Is a Belief in the Right to Own Copyright a Philosophical Belief in terms of the Equality Act 2010?

No determined the Employment Appeal Tribunal (EAT) in the case of Gray v Mulberry Company (Design) Ltd, although it is believed the case may be appealed. Read more

Protected Disclosures - Information vs Allegations

The Court of Appeal (CoA), in the case of Kilraine v London Borough of Wandsworth, has reconsidered the circumstances in which allegations made by a worker may amount to a qualifying disclosure for the purposes of a whistleblowing claim. Read more

No Oral Modification Clauses - are they Legal?

Yes, ruled the Supreme Court when overturning the Court of Appeal's decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd. Read more

Is an Expectation to Work Long Hours a "PCP"?

Possibly, determined the Court of Appeal (CoA) in the case of United First Partners Research v Carreras. Mr Carreras was employed by a brokerage firm, and worked long hours. Following a bicycle accident, he reduced his hours but after some time he felt under pressure to increase them again. Read more

GDPR – What is it and are you ready?

The implementation date of the EU General Data Protection Regulations (GDPR) is fixed for Friday 25th May 2018.   All business organisations should be aware of their obligations and the steps they should take to prepare for the new regime. Read more

Tainted Dismissal Case - Whistle-blowers

The case of Royal Mail v Jhuti is a recent example of a “Tainted Dismissal” case. Read more

Refunding Employment Tribunal Fees

Following the successful challenge to the lawfulness of Employment Tribunal fees, the Government has now announced its plans for a refund scheme. Anyone who paid a fee to an Employment Tribunal or the Employment Appeal Tribunal can now register for a refund. Read more