Driving and Drugs
The Crime and Courts Act 2013 (Commencement No 1) (England and Wales) Order 2014 came into force on 2 March 2015 and sets limits for 'drug driving' similar in operation to those used for drink driving. It is an offence…
Enforced Subject Access a Criminal Offence
On 10 March 2015, legislation came into force making it a criminal offence to require an individual to exercise their subject access rights under Section 7 of the Data Protection Act 1998 (DPA) to gain access to information about their…
One Employee Can Be an ‘Organised Grouping’, Court Rules
In what some may view as a counter-intuitive decision, but one which has significant implications for employers, the Court of Appeal has ruled that a single employee was by herself capable of forming an ‘organised grouping’ within the meaning of…
Disabled IT Worker Suffered Discrimination
A disabled IT specialist who was cut out of the communication loop by his employer whilst on long-term sick leave has triumphed in a discrimination claim and will receive thousands of pounds in compensation following a tribunal ruling. The man…
Be Careful How You Use Your Employer’s Email Account!
Workers tempted to use their employers’ email accounts for purposes which could cause offence should take note of a High Court case in which a senior manager at a Premiership football club lost the right to a £200,000 severance payment…
Zero Hours Contracts – Tackling Avoidance of the Forthcoming Ban on Exclusivity Clauses
The Government is currently legislating to render the use of exclusivity clauses unenforceable in zero hours contracts. In addition, following a consultation exercise, draft regulations have been drawn up outlining proposals for secondary legislation to prevent employers from sidestepping the…
Sickness absence: Fit for Work service
The Department for Work and Pensions has published a guidance note for employers on the new Fit for Work service (FFW). The service will be introduced on a phased basis and is due to be completed by May 2015. In…
Remote workers and the territorial scope of UK employment rights
Given IT developments, it is now possible for employees working for British businesses to work remotely from other countries. Businesses that use remote workers in other countries should take note of an Employment Appeal Tribunal (EAT) decision which examined the…
Government Names a Further 37 National Minimum Wage Offenders
The Government has announced the names of a further 37 employers who have failed to pay their workers the National Minimum Wage (NMW). Collectively, the offenders owe a total of £177,000 in arrears and have received financial penalties totalling more…
Defining Disability Remains a Quandary
In a case which illustrates the continuing quandary of accurately defining the concept of disability, a services manager who claimed that he was discriminated against due to hearing impairment and a painful condition affecting his shoulder has had his hopes…