It is common in litigation for a witness to be in “purdah” during a break in their evidence. The witness is warned not to discuss their evidence with anyone during any such break. While this is usually observed, Chidzoy v BBC UKEAT/0097/17 shows what can happen when it is not. Continue reading
Employment tribunal claims dealing with the issue of personal liability are being considered with increasing frequency. Claimants often only consider such claims due to concerns over the possible insolvency or dissolution of a former employer. In this situation the opportunity to pursue a claim against an individual may be the only means to obtain a financial remedy. The EAT decision in Murray v Maclay Murray & Spens LLP UKEATS/0004/18 explores this trend in the context of indirect discrimination claims and provides guidance on the circumstances in which such a claim can be pursued. Continue reading
The decision of the employment tribunal in Lingard v Leading Learners ET/2401985/17 will impact on assertions of legal advice privilege (LAP) in the context of HR consultants employed by a law firm. In this blog, Nicholas Siddall (who acted for the claimant) analyses the decision and its implications. Continue reading
It has never been more important for the country to have a strong, confident and effective equalities regulator. A cursory look at social media tells you why. Whether it’s allegations of sexual harassment in Parliament, or of racism at the Football Association, or the gender pay gap at the BBC, discrimination is everywhere. Continue reading
In Otero Ramos v Servicio Galego de Saúde (Case C-531/15) EU:C:2017:789, the ECJ held it was directly discriminatory for an employer to fail to conduct a risk assessment compliant with Article 4(1) of the Pregnant Workers Directive (92/85/EC) (PWD) to assess the risks posed to a breastfeeding worker by their work.
Last month’s revelations about the Presidents Club fundraising dinner, at which female hostesses were reportedly harassed by male guests, has raised questions about the third party harassment provisions under the Equality Act 2010 (EqA 2010). While the relevant provisions were repealed from 1 October 2013, there has been some suggestion that they should be re-enacted. Until Parliament intervenes, what protection is currently available to employees and which steps should employers consider taking? Continue reading
Two recent decisions of the European Court of Human Rights (ECtHR) have considered how the privacy rights of employees can be protected during covert disciplinary investigations. Here we explain those cases and the guidance that can be taken from them. Continue reading
Employee data and monitoring. The ECtHR has held that a University’s installation of surveillance cameras in student auditoriums violated Article 8 of the ECHR. Privacy must be interpreted broadly, to include the right to lead a private social life, which applied in this case because lecturers not only taught, but interacted with students in the auditoriums.
The High Court has found that an employer can be vicariously liable for the deliberate and criminal disclosure of personal data by an employee. As the first ever data breach class action, the case will have a far-reaching impact on data controllers who may face substantial financial liabilities.
Trade unions. The EAT has held that an employer’s attempt to bypass a recognised trade union by negotiating directly with its employees amounted to an unlawful inducement. The EAT confirmed that even if only one term of employment is determined by direct agreement it will be sufficient to amount to an unlawful inducement. Continue reading
2017 has seen a series of cases concerning limb (b) worker status arising from the ‘gig economy’. Putative workers have claimed entitlements to be paid the minimum wage, holiday pay and so on, on the basis that they meet the definition of a ‘limb (b)’ worker, viz. a person working under a contract “whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.” (Section 230(3), Employment Rights Act 1996. See the similar definitions in the Working Time Regulations 1998, the National Minimum Wage Act 1998, Employment Relations Act 1999 and the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.) Continue reading
Does an employer have a claim in property to the emails, or the content of emails, that were sent by employees from their employer’s email accounts?
The High Court recently considered this question in the context of an application for interim relief in a team move case. The draft order sought by the claimants (Capita and another) included a provision requiring the ex-employee defendants to forward to the claimants’ solicitors “copies of all emails that they have received into any non-Capita email account from any email account at Capita (including their own)” (emphasis added). Continue reading