News

A couple of recent cases have raised eyebrows. They were on the subject of vicarious liability. But what exactly is “vicarious liability”? This is where employers are liable for the actions of their employees. A distinction is drawn between an employee acting in the course of their employment and an employee on a frolic of their own. In the latter case the employer is, unsurprisingly, not vicariously liable.

The frolic of their own test was established in 1834 when Mr Joel was knocked down by a horse and cart. This cart was being driven by Mr Morison’s agent who was going about Mr Morison’s business but had taken a quick detour to visit a friend. The Court held that Mr Morison was liable for the injuries his … read more »

There has been some confusion lately about the right to work checks employers need to make after Brexit.

The current requirement is for potential employees from the European Economic Area (EEA) to produce an official document showing their nationality – usually a national passport or identity card. The EEA comprises all the EU countries together with Iceland, Liechtenstein and Norway (and this rule includes Switzerland although not part of the EEA). But after Brexit will employers … read more »

The Government has published various notices explaining the position in the “unlikely” event of a no deal Brexit. Workplace Rights If There’s No Brexit Deal makes reassuring reading. The vast majority of rights will remain in force courtesy of the EU (Withdrawal) Act 2018. These include -

·         Annual leave, holiday pay, rest breaks

·         Maternity and paternity … read more »

What is a “worker”? A worker is someone who has more rights than the self-employed but fewer than the employed. So a worker has the right to the National Minimum Wage, paid holidays and not to be discriminated against, and may also be entitled to various work related benefits such as Statutory Sick Pay and Statutory Maternity Pay. The distinction between worker and self-employed has significant implications for the gig economy. Research suggests almost half a million workers are … read more »

The Government has launched the first stage of a refund scheme for employment tribunal fees, following the Supreme Court’s judgment in R (on the application of UNISON) v Lord Chancellor (Brief 1075) on 26 July 2017 that the fees regime was unlawful. The opening phase of the scheme will last for four weeks and full details of the scheme will be made available when it is fully rolled out.

A press release from the Ministry of Justice and HM Courts and Tribunals Service states that, at … read more »

The government is to introduce new data protection rules under the General Data Protection Regulation (GDPR) which takes effect from 25 May 2018. 

Under the GDPR businesses will have increased obligations to safeguard the personal information of individuals which is stored by the business. These rules apply to the information of customers, suppliers or employees. Generally for those who are currently caught by the Data Protection Act it is likely that you will have to … read more »

Is it unlawful discrimination to make someone redundant who is absent on sick leave, if the employee is off sick due to a disability related reason?

Possibly, but not necessarily said the Employment Appeal Tribunal in the case of Charlesworth v Dransfields Engineering Services Ltd.

Mr. Charlesworth was absent from work pending his treatment for cancer. During the time he was off sick, the employer realised that it could restructure the business in a way that deleted Mr. … read more »

The Employment Tribunals have issued updated guidance on the appropriate levels of compensation in discrimination cases.

The Court of Appeal originally set guidelines back in 2002 in the case of Vento v Chief Constable of Yorkshire Police.

That case stated that broadly speaking cases would fall into one of 3 bands, and set figures which would be appropriate

 The top band for the most serious cases such as a lengthy campaign of discrimination, the middle band is for serious … read more »

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The challenge to the lawfulness of Employment Tribunal fees brought by the UNISON union was ultimately successful when it reached the Supreme Court and judgment was given on 26th July 2017.

The claim was that the Employment Tribunal fees restricted access to justice because many dismissed former employees could not afford the fees required to pursue a … read more »

The Data Protection Bill was given a first reading in the House of Lords on 13 September 2017. This formality signals the start of the Bill's passage through the Lords. A second reading including general debate on all aspects of the Bill is scheduled for 10 October 2017.

The Bill will replace the Data Protection Act 1998 (DPA) to provide a comprehensive legal framework for data protection in the UK supplemented by the General Data Protection Regulation ((EU) 2016/679) (GDPR) until … read more »

A former employee of Leicester City Council has been ordered to pay a total of £544.08 after pleading guilty at Nuneaton Magistrates’ Court to unlawfully obtaining personal data under section 55 of the Data Protection Act.

After the employee left its Adult Social Care Department and set up his own business, an investigation by the Council revealed that he had sent information relating to 349 users of Council services (including their financial, care and medical details) to a … read more »

Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EEC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. The Advocate General identified a tension in the directive between the protected period, defined as the period from the beginning of pregnancy to the end of maternity leave, and the definition of a pregnant worker as one who has informed her employer of her … read more »