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ICO publishes introduction to the Data Protection Bill

The ICO has published 'An introduction to the Data Protection Bill' to help people and organisations navigate their way around the Bill and focus on the sections that are most relevant to them. In practice, most organisations will be concerned with Part 1 which sets out explanations of definitions used in the Bill and the ‘general processing’ regimes in Part 2.

Article by: Makbool Javaid 15 March 2018


Equalities Office publish guidance on setting up a returner programme

The Equalities Office has published a best practice guide for employers to develop effective returner programmes for people returning to work after a long break from paid work for caring or other reasons. The guide applies to organisations in all sectors and of all sizes and it: outlines the business case for returner programmes.

Article by: Makbool Javaid 14 March 2018


Pregnant workers must be provided with specified information to substantiate redundancy dismissal

The ECJ held that EU law does not prevent the dismissal of a pregnant worker in the context of a collective redundancy. While dismissal for reasons connected with the worker’s pregnancy would contravene EU law, dismissal for redundancy during the period from the beginning of pregnancy to the end of the maternity leave is not unlawful if the employer sets out in writing...

Article by: Makbool Javaid 13 March 2018


Reasonable adjustment duty triggered where disabled employee expected to work late

In United First Partners Research v Carreras, Carreras (C) sustained severe physical and psychological injuries as a result of a cycling crash and is disabled. Initially, he was allowed work shorter hours, but the employer then made known its “expectation” and “assumption” that C would work late on one or two evenings.

Article by: Makbool Javaid 12 March 2018


ET management information shows 100% increase in claims

At the ET National User Group meeting, the ET President informed members that since the Supreme Court decision which abolished fees, there had been a doubling (c100% increase) of single claims received compared with the period immediately preceding the decision.

Article by: Makbool Javaid 8 March 2018


Disclosures made purely for self-interest were not protected

In Parsons v Airplus International Limited, Parsons (P) was a Legal and Compliance Officer. After warnings about her poor performance were unheeded, she was dismissed six weeks into the role because of a ‘cultural misfit’. The EAT agreed with the ET that she had not been dismissed for whistleblowing.

Article by: Makbool Javaid 7 March 2018


Employer constraints means on call time is ‘working time’

In Ville de Nivelles v Matzak, Matzak (M) is a firefighter, who is required to be on standby at certain times, which is unpaid, other than when carrying out firefighting duties. When on-call, the employer requires that M be contactable and report to the fire station within 8 minutes, meaning that his activities during standby are restricted.

Article by: Makbool Javaid 6 March 2018


Acas guidance on snow and getting to work

With snow falling in many parts of the country, travel conditions may be difficult and Acas have issued a reminder about their advice on how employers and employees should consider the impact on the workplace. Key points for employees are to think about how they plan to get into work and what arrangements they have in place if their children cannot get to school.

Article by: Makbool Javaid 5 March 2018

legal challenges

New Compensation limits in force from 6 April 2018

The Employment Rights (Increase of Limits) Order 2018 will increase employment tribunal compensation limits and minimum awards payable where the appropriate date falls on or after 6 April 2018.

Article by: Makbool Javaid 1 March 2018

working time

Breach of working time legislation can result in compensation for injury to feelings

In South Yorkshire Fire & Rescue Service v Mansell & Ors , the introduction of a new shift system (CPC) for firefighters breached night work and daily rest provisions in the Working Time Regulations (WTR). The firefighters were unwilling to volunteer for CPC and were transferred to other fire stations.

Article by: Makbool Javaid 28 February 2018