The EAT has found that an employee on a zero hours contract was an agency worker because of the temporary nature of his assignment
Evidence does not have to be provided to a third party or court if it is privileged. Legal advice privilege applies to confidential communications between lawyers and their clients if it is made for the purpose of seeking or giving legal advice. However, legal advice privilege does not apply if the advice is given for the purpose of facilitating crime or fraud (the iniquity exception). The EAT recently considered whether an email that suggested ‘cloaking’ discrimination in a redundancy exercise was covered by legal advice privilege
The practical impact of the abolition of employment tribunal fees in July 2017 is now being felt
The Government Equalities Office has published a short guidance on dress codes and sex discrimination for employers, employees and job applicants
Historically, confidentiality obligations for employees, workers and self-employed contractors have been regulated by the contract and by court decisions
The Employment Appeal Tribunal (EAT) has found that an employee’s summary dismissal for a “pattern of behaviour” was fair, even though no act on its own amounted to gross misconduct
If an employer commits a serious breach of contract or a series of acts that are not serious individually but they take on that character when considered cumulatively, the employee may be entitled to resign in response and claim constructive dismissal. The Court of Appeal (the UK’s second highest court) recently considered whether an employee could rely on the employer’s earlier breaches if they carried on working but then resigned in response to a “last straw” event
With the recent cases on employment status in the gig economy, courts have had to grapple with the facts of the particular case; looking beyond the terms of the written documentation, and considering whether personal service is required and if there is a genuine right to provide a substitute, as well as looking at questions of control, risk and subordination
With effect from 6 April 2019 all workers (not just employees) will have the right to be given a written itemised pay statement at or before the time at which any payment of wages or salary is made to them, to help workers establish whether they have been paid correctly.
Businesses across Europe have been reviewing and preparing for the change in data protection laws in every area where they gather and process personal data. In the UK, the Data Protection Bill, taken together with the GDPR, will form the basis of the rules to which businesses operating in the UK must adhere. Clyde & Co Employment team have prepared an article aimed particularly at HR departments and employment in-house counsel and sets out the 10 key questions which employers should be asking themselves to help prepare for the introduction of GDPR.