Employment Law Update Seminar

David Leithead 04.05.2018

In our recent Employment Law Seminar, in association with Penningtons Manches, we delivered an update on GDPR and a number of tribunal case law updates.

An update on employment law

Demand to attend was high due to the importance of GDPR and the huge changes in data protection rights that are incoming on 25th May which will give individuals more ownership over their personal data. The majority of attendees were HR personnel from various businesses across the Thames Valley.

Our speakers from Penningtons Manches were:

  • Eugene Wojciechowski - Partner
  • Comfort Nsek - Associate
  • Alice Hallsworth - Associate

Morrisons Supermarket case & GDPR

A senior IT internal auditor published the personal data of 100,000 Morrisons employees on the internet and the company was held liable by the High Court, resulting in the employee being jailed for 8 years. With the incoming of GDPR, these sort of occurrences will incur greater penalties due to personal data only being processed for certain purposes and there will be no hiding as any breaches have to be reported.

Case law update

We covered various cases including:

  • Reilly v Sandwell Metropolitan Borough Council (Supreme Court) - Head teacher failed to disclose her relationship with man convicted of making indecent images of children and was dismissed.
  • Fleming v East of England Ambulance Service NHS Trust (EAT) - Employee recorded disciplinary hearing on phone and various conversations, before suggesting it was unintentional.
  • London Care Ltd v Henry and others (EAT) - Employees of Sevacare (UK), providing services to Haringey Council - Sevacare gave 1 month notice to terminate contract with Haringey before services were transferred to number of other providers.
  • United First Partners Research v Carreras (CA) - Financial services company with expectation of long hours, disabled employee successfully argued reasonable adjustments should have been considered.
  • Donelian v Liberata (CA) - Employee raised disability discrimination claim, employer argued but CA held employer didn’t have constructive knowledge of disability.
  • Parsons v Airplus International Ltd (EAT) - Employee raised compliance issues and was dismissed, raised a whistleblowing claim and was dismissed due to rude manner of communications.
  • Lopez Ribalda & Ors v Spain (ECHR) - Supermarket cameras were installed to address suspected theft but employees were not made aware of covert cameras that provided footage that resulted in several employees being dismissed.
  • Hincks v Sense Network Ltd (HC) - Mr Hincks was an independent financial adviser, concerns raised about advice he gave and was dismissed. Seeking a reference a critical one was given, he claimed negligent misstatement but was unsuccessful.

What else has been happening?

Other areas that we covered were:

  • Holiday pay update
  • Taxation - Settlement agreements
  • Uprated injury to feelings payments
  • Vento Bands from 6 April 2018
  • Increase in statutory payments
  • Compensation limit changes
  • Tribunal claims following UNISON decision
  • Reveal of gender pay gap figures

Please get in touch with Charlotte Evans on cevans@morganmckinley.co.uk or +44 1753 201460, or myself on the details below.

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