The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy....
The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service....
In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. ...
This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?...
The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of....
In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit....
Cyber attacks can lead to all sorts of crises and don’t just stop at preventing you from getting on with your business. You might just find yourself in breach of your legal obligations....
A large majority of offices these days have recycling bins but, unfortunately, these bins are sometimes more symbolic and decorative than functional....
Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’. ...
Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM. ...
For many clients, one of the most surprising and daunting aspects of litigation is the sheer volume of paperwork. To assist the court, documents are collated, tabulated, indexed, paginated, and duplicated many times over, and then transported across the city and beyond, all in anticipation of debates which may be decided in a matter of minutes in the court room. The large cost of materials and labour can unsurprisingly appear wasteful to a new litigant, both economically and environmentally, given the availability of technology which could significantly reduce the need for these costs....
The existing law on data protection within the EU is based on a European directive introduced over 20 years ago. There is no uniform approach to data protection across the EU and significant advances in technology means the current law is out of touch with the modern world....
As part of its new Innovation Plan, the Government has asked businesses across the UK for their views on whether ‘non compete clauses’ in employment contracts are obstructing the UK’s innovativeness and employment opportunities. ...
The Trade Union Bill received Royal Assent yesterday and has now become the Trade Union Act! Its passage through parliament was a turbulent one with the Bill receiving significant criticism from opposing MPs and Peers. As a result, the Government was forced to make a number of concessions. One of these concessions was to abandon proposals to abolish the check-off system (the practice of collecting union subscriptions via employees’ pay). The check-off system has survived with the compromise being that the administrative and financial burden of the check off system will belong to the unions....
The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed....
It is a frequent issue for HR that a decision is made to carry out some organisational change that impacts all or any of working hours, shift arrangements, rates of pay, duties to be carried out, and other similar matters that not surprisingly make employees feel unsettled or, in some cases, militantly opposed to the employer's plans....
The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision....
In the recent case of Garamukanwa v Solent NHS Trust an employer was held not to have breached an employee’s right to a private and family life...
Following the leading Judgment of Mrs Justice Carr in the Technology and Construction Court issued on 14 April in the case of Stellite Construction Limited v Vascroft Contractors Limited, Clarkslegal’s specialist construction law team acted for Vascroft Contractors Limited...
Convergence of various developments will pull over stretched HR more towards how to manage and monitor supply chain issues, especially when contracting with overseas countries that have a high risk profile for workforce practices that offend international standards and UK corporate values....