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Nov
29
2017

Boots on the back foot
#Employment

As we blogged in February this year, Boots’ existing agreement with its in-house union, the Boots Pharmacists’ Association (BPA) prevented an application by an independent trade union, the Pharmacists’ Defence Association Union (PDAU), for recognition for collective bargaining....

Nov
28
2017

Back to the Future: Burden of Proof Requirement Restored
#Employment

Only in August 2017 we reported on the case of Efobi v Royal Mail in which the Employment Appeal Tribunal (EAT) reversed the long standing legal position that in discrimination cases claimants must show an inference of discrimination before the burden of proof shifts to the employer....

Nov
24
2017

Company fined £80,000 for selling personal data without owners’ consent
#Employment #Data Protection

The ICO has fined data brokering company Verso Group (UK) Ltd £80,000 for a serious and deliberate contravention of the Data Protection Act 1998 (DPA)....

Nov
24
2017

EAT hold that failing to evidence right to work is not an excuse to dismiss an employee
#Employment

In Baker v Abellio London Ltd, the EAT overturned the ET’s original finding of a fair dismissal for illegality. The ET had accepted that a Jamaican national with the right to live and work in the UK was fairly dismissed after his employer had suspended, and eventually dismissed him, after failing to provide documentary evidence of his right to work....

Nov
24
2017

Union bids for recognition with end user not employer
#Employment

This week a trade union, IWGB, has applied for statutory recognition to represent a group of receptionists, security officers and porters who work at the University of London even though these workers are employed by Cordant Security, a facilities management company with the contract to provide services to the University....

Nov
24
2017

Countdown to the GDPR: 6 months to go!
#Employment #Data Protection

With the GDPR coming into force in only 6 months, organisations (who haven’t already) should be starting their preparations....

Nov
17
2017

Pension scheme did not discriminate against worker who had a mixture of full-time and part-time service
#Employment

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....

Nov
17
2017

Deliveroo: Late substitution leads to a win against the run of play
#Employment

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....

Nov
10
2017

Will Uber work in the area again?
#Employment

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....

Nov
10
2017

Web of Secrecy: most organisations failing to inform users about what will happen to their personal data
#Employment

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking. ...

Nov
10
2017

The importance of understanding the economic entity in a TUPE situation
#Employment

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....

Nov
10
2017

Michael Sippitt comments for the International Business Times on Uber loses UK legal appeal against drivers' rights
#Employment #Press

Taxi-hailing firm Uber has lost its appeal on Friday (10 November) against a ruling that its drivers should be classed as workers rather than self-employed....

Nov
03
2017

Tribunal Fees: Where are we now?
#Employment

Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017 ...

Nov
03
2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim
#Employment

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....

Oct
27
2017

ICO: Notification requirement to be removed, however fee regime will continue
#Employment

The Information Commissioner’s Office (ICO) has announced that it will drop requirements for data controllers to notify the ICO of data processing activities but will retain a fee regime, when the new General Data Protection Regulation (GDPR) comes into force from May 2018....

Oct
27
2017

A much-needed win for vulnerable and exploited domestic workers
#Employment

As we have previously blogged, UK law does not do enough to protect migrant domestic workers in the UK from abuse, exploitation and modern slavery....

Oct
27
2017

Greek government falls short with discriminatory height requirement for police
#Employment

The ECJ has held in Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri that a minimum height requirement of 170cm imposed by the Greek Government for men and women wishing to join the police force, amounted to indirect sex discrimination and could not be objectively justified....

Oct
27
2017

Government announces start of tribunal fees refund scheme
#Employment

Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date....

Oct
13
2017

Mental Health Week 2017: tackling the stigma of mental health in the workplace
#Employment

The 10th October marked World Mental Health Day and this year’s theme was ‘mental health in the workplace’....

Oct
13
2017

Postal staff threaten strike action over Pensions
#Employment

Since March 2017, under the Trade Union Act, strikes require a turnout of at least 50% of all eligible voters. In the first large scale vote since the legislation came into force, postal workers represented by the Communications Workers Union (CWU) have voted to strike with a turnout of 73.7% easily passing this 50% threshold. Of those who voted an overwhelming 89% backed the strike....

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