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The Right to Privacy and the Workplace The Right to Privacy and the Workplace

Legal Articles

Feb 18

The Right to Privacy and the Workplace

In the long-running case of Bărbulescu v Romania, the European Court of Human Rights (ECHR) looked at an employer's right to examine an employee's use of office computers for sending...

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Oct 17

In Brief: HSE Guidance on the Safe Use of Work Equipment

The Health and Safety Executive has a publication on what employers and others responsible for workplace health and safety should do in order to comply with the Provision and Use...

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Oct 17

The GDPR – Will You Be Ready?

The General Data Protection Regulation (GDPR), which replaces the EU Data Protection Directive, is a comprehensive data protection regime aimed at achieving a high level of security of network and...

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Oct 17

Pension Rights for Gay Spouses and Civil Partners

The Supreme Court has handed down a ruling which means that all married gay couples and civil partners should receive equal pension rights. Paragraph 18 of Schedule 9 of the Equality...

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Oct 17

Monitoring of Employee's Emails Did Violate His Privacy Rights

In the long-running case of Bărbulescu v Romania, the European Court of Human Rights (ECHR) looked at an employer's right to examine an employee's use of office computers for sending...

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Oct 17

Compensation for Injury to Feelings

Compensation in unfair dismissal cases is based on financial losses, but where the dismissal is also discriminatory, it is possible to claim damages for non-financial loss – for example injury...

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Jun 17

A Guide to the Gender Pay Gap Reporting Regulations

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 came into force on 6 April 2017, introducing mandatory gender pay gap reporting on an annual basis for private and...

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Apr 17

A Guide to Gender Pay Gap Reporting

In spite of the Equal Pay Act 1970, which prohibited less favourable treatment between men and women in terms of pay and conditions, and subsequent equality laws, there is still...

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Feb 17

National Minimum Wage and Statutory Pay Rates

The following changes to the National Living Wage (NLW) and the National Minimum Wage (NMW) rates will come into effect on 1 April 2017: The NLW for those aged 25...

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Feb 17

Employee Rest Breaks

Employers Must Be Proactive to Ensure Workers Get Proper Breaks Except in certain circumstances, an adult worker whose daily working time is more than six hours is entitled to a 20-minute...

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Feb 17

Religious Discrimination Claims

The European Court of Human Rights (ECHR) was asked to rule in four UK cases in which Christian employees claimed to have suffered discrimination at work on account of their...

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Sep 16

Tougher Rules on Illegal Working Now In Force

The Immigration Act 2016 contains a wide range of measures, including new rules intended to crack down on businesses that employ those who do not have permission to work in...

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Sep 16

Religion or Belief Discrimination – What Constitutes a Philosophical Belief?

When the Employment Equality (Religion or Belief) Regulations 2003 were first introduced, employees were protected from discrimination by reason of any 'religion, religious belief or similar philosophical belief'. The wording...

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Sep 16

Homeworking and an Employer's Duties

Since 30 June 2014, all employees who have worked for their employer continuously for 26 weeks have the right to ask their employer if they can work flexibly. For many...

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Sep 16

E-cigarettes in the Workplace

Legislation under the Health Act 2006 that prohibits smoking in enclosed public places and workplaces, on public transport and in vehicles used for work does not cover the use of...

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Apr 16

In Brief: Guidance on Recruiting and Retaining Transgender Employees

In partnership with Inclusive Employers – a membership organisation for employers looking to build inclusive workplaces – the Government has produced guidance designed to provide employers with practical advice, suggestions...

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Apr 16

In Brief: Employing Reservists

The Ministry of Justice has published a toolkit for employers containing guidance and support on all aspects of employing reservists. This includes: details of rights and responsibilities, and financial assistance...

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Apr 16

Vicarious Liability in the Workplace

The Supreme Court has ruled in two cases that dealt with the vicarious liability of employers for incidents that took place at work. Employee's Extreme Acts In the first case (Mohamud v...

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Apr 16

Holiday Pay and Unearned Commission

The Employment Appeal Tribunal (EAT) has handed down its judgment in Lock v British Gas Trading Limited and Others, upholding the decision of the Employment Tribunal (ET) that domestic legislation...

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Apr 16

Whistleblowing

The Public Interest Disclosure Act 1998 (PIDA) – often referred to as the ‘Whistleblowing’ Act – was introduced in the wake of various workplace scandals and disasters after official enquiries...

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Apr 16

A Brief Guide to TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result...

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Apr 16

Holiday Pay and Overtime

The right to paid annual leave is an important principle of EU law, the purpose of which is to allow a worker time to rest and enjoy a period of...

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Apr 16

Collective Redundancy Consultation – An Employer's Duties

Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20...

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Feb 16

In Brief: Acas E-learning Modules

The Advisory, Conciliation and Arbitration Service (Acas) offers useful electronic learning modules on a variety of topics. These include: starting work; discipline and grievance; equality and diversity; bullying and harassment; ...

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Jan 16

A Guide to Unfair Dismissal

Only employees have the right not to be unfairly dismissed. The right does not extend, for example, to people who are self-employed, independent contractors, members of the armed forces or...

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Nov 15

What Constitutes 'Work Equipment'?

A case in the Scottish Court of Session (Coia v Portavadie Estates Limited) examined the question of what is and what is not work equipment for the purposes of the...

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Nov 15

Whistleblowing Laws – Amendments

The Public Interest Disclosure Act 1998 (PIDA) – often referred to as the ‘Whistleblowing’ Act – was introduced in the wake of various workplace scandals and disasters after official enquiries...

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Nov 15

Pension Rights for Civil Partners

As the law currently stands, employers and pension funds are permitted to exclude civil partners from spousal benefits under a pension scheme the rights to which accrued prior to 5...

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Nov 15

National Minimum Wage Rates

The following changes to the National Minimum Wage (NMW) rates came into effect on 1 October 2015: the adult NMW rate increased from £6.50 to £6.70 per hour; the NMW...

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Nov 15

Mobile Workers – Daily Travel To and From Work is 'Working Time'

The EU Working Time Directive, which is implemented into UK law by the Working Time Regulations 1998, defines working time as 'any period during which the worker is working, at...

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Nov 15

Employment Tribunal Fees

In July 2013, the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 introduced a fee structure for single claims to the Employment Tribunal (ET) as follows: For level...

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Nov 15

Collective Redundancy Consultation – When is the Duty to Consult Triggered?

In United States of America v Nolan, the Supreme Court has ruled that the US Government did have collective redundancy consultation obligations with regard to civilian workers during the closure...

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Nov 15

A Guide to Shared Parental Leave

New regulations that came into force on 1 December 2014 made changes to the way in which eligible parents can take leave after the birth or adoption of a child. Shared...

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Nov 15

A General Guide to Recruiting Staff

Getting the recruitment process right is vital to ensure that you not only select the most suitable candidate for the vacancy but also do so without falling foul of the...

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Nov 15

A Guide to Equal Pay Audits

Under the Equality Act 2010, it is unlawful for an employer to discriminate between men and women in terms of their pay and conditions where they are in the same...

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Jul 15

Type 2 Diabetes and the Definition of Disability

Whilst people suffering from cancer, multiple sclerosis or HIV are automatically deemed to be disabled for the purposes of the Equality Act 2010, in the case of other illnesses, whether...

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Jul 15

Final Warnings Must Be Given in Good Faith to Have Any Effect

In Way v Spectrum Property Care Limited, the Court of Appeal has ruled that final warnings given in bad faith cannot be relied upon when assessing whether or not there...

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Jul 15

Driving on Company Business

Research by the Health and Safety Executive shows that 20 people are killed and 250 are seriously injured each week in traffic accidents involving someone driving for business reasons. The threat...

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Jul 15

Collective Redundancy Consultation and the Meaning of 'Establishment'

Under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, employers have a duty to consult with appropriate representatives of employees concerning forthcoming redundancies if 20 or...

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Jul 15

Advice on Workplace Dress Codes

The Advisory, Conciliation and Arbitration Service (Acas) has guidance for employers who wish to impose dress standards in the workplace. This emphasises that employers should have sound business reasons for...

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Apr 15

Drug Policy – Recognising the Signs and What to Do

Substance abuse amongst staff can affect all areas of employment, whether it be a decrease in productivity, increased absenteeism or the increased likelihood of accidents and injuries. The failure to...

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Apr 15

Sleeping Time and the National Minimum Wage

Over the years, there have been several employment law cases dealing with the question of whether 'sleep-in' hours constitute 'time work' for the purposes of the National Minimum Wage (NMW)...

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Apr 15

Damages for Wrongful Dismissal

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust, the Supreme Court ruled that a consultant surgeon who had suffered a loss as a result of findings of personal and...

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Mar 15

In Brief: Data Protection Guidance for Employers

Employers have a legal responsibility to ensure that employees' personal details are respected and properly protected. The Employment Practices Data Protection Code contains guidance on the impact of data protection laws...

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Mar 15

In Brief: Acas Guidance on Holiday and Holiday Pay

The Advisory, Conciliation and Arbitration Service (Acas) has useful guidance for employers puzzling over staff holiday pay entitlements. The guidance leaflet gives a summary of holiday entitlements, setting out: the right...

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Mar 15

Overtime and Holiday Pay

The right to paid annual leave is an important principle of EU law, the purpose of which is to allow a worker time to rest and enjoy a period of...

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Mar 15

Offensive Tweets and Unfair Dismissal

In a case which dealt with the issue of misuse of Twitter by an employee in the context of an unfair dismissal claim (Game Retail Limited v Laws), the Employment...

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Mar 15

Employment Rights – Ministers of Religion

In President of the Methodist Conference v Preston, the Supreme Court ruled that a Methodist minister was not an employee of the Church and so could not pursue her claim...

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Mar 15

Employees' Right to Request Flexible Working Arrangements

Since 30 June 2014, all employees have had the right to ask their employer for a change to their contractual terms and conditions of employment so that they can work...

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Mar 15

A Guide to Selecting Employees for Redundancy

When an employer faces having to dismiss employees by reason of redundancy, there are certain procedures that should be followed in order to comply with the relevant law. Redundancy is a...

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Nov 14

Workplace Stress – An Employer's Duties

The Chartered Institute of Personnel and Development (CIPD) has published the findings of its fifteenth absence management survey, carried out in partnership with Simplyhealth. This provides useful benchmarking data for...

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Nov 14

TUPE – As Amended

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to any size of business and protect the employment rights of employees when their employer changes as a result...

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Nov 14

The Equality Act 2010 – A Guide for Employers

The Equality Act 2010 replaced nine major pieces of discrimination legislation and other ancillary measures introduced over the last forty years. The core provisions of the Act came into force...

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Nov 14

Guidance on Employing Disabled People

Nearly seven million people of working age in the UK are disabled or have a health condition and, historically, there has been a significant gap between the proportion of disabled...

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Nov 14

Constructive Dismissal and Affirmation of Contract

Constructive dismissal occurs when an employee is forced to leave their job against their will because of a fundamental breach of contract by their employer. In order to succeed in...

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Jul 14

Resolving Workplace Disputes

As of 6 April 2009, the Employment Act 2008 repealed the Statutory Dispute Resolution Procedures in their entirety. In their place is a voluntary Advisory Conciliation and Arbitration Service (Acas)...

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Jul 14

Informing and Consulting Employees

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Directive...

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Jul 14

ECHR Rules in Religious Discrimination Claims

The European Court of Human Rights (ECHR) was asked to rule in four UK cases in which Christian employees claimed to have suffered discrimination at work on account of their...

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Jul 14

Early Conciliation – How Does it Work?

For Employment Tribunal (ET) claims lodged on or after 6 May 2014, it is a legal requirement, unless an exemption applies, for the claimant to first notify the Advisory, Conciliation...

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Jul 14

Age Discrimination – Life After the Abolition of the Default Retirement Age

Since the abolition of the Default Retirement Age (DRA), it is no longer permissible for an employer to dismiss an older worker on the ground of retirement unless this can...

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