Employment and Company & Commercial Law Updates
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The Appeal Tribunal has ruled that someone taken on as self employed as a courier, was in fact a worker and entitled to minimum wage and paid holidays, potentially back to 1996. In reaching this decision, the court took into account the workers obligation to accept assignments when logged on, and the fact that a DBS check was required, which it said indicated Worker status. Read More
The Information Commissioner’s Office has warned organisations not to expect or to rely on boilerplate policies to comply with the General Data Protection Regulation. Read More
The forthcoming GDPR regime will require Directors to be able to show that they have knowledge of the steps taken within their company to comply with GDPR. To make life a little easier, we have prepared a memo to boards for this purpose and a set of minutes for the board meeting convened to discuss GDPR.
For those that don’t know, before employing a person you must check that they have the legal right to work in the UK. You do this by checking original copies of appropriate documents, taking copies of those documents and recording the date of the check. If the individual has a time limited right to work, you must repeat the check prior to the right to work expiring. Checks must be carried out for everyone, regardless of whether they are a foreign or English national. Read More
A European Court ruling, binding on UK courts has ruled that stand by time, even if the worker is at home, is working time for the purposes of the Working Time Regulations, if the worker is not free to come and go as they please. Read More
A case this month has focused on the need to consider bumping a safe employee out of a business in favour of giving his or her job to a redundant employee. The advice is to always consider the question, even if you don’t then bump anyone out. Read More
A worrying case from the Appeal Tribunal has ruled that a lesion that was not yet cancerous, but might become cancerous, triggered the employers duty not to discriminate against an employee. Thereby imposing a greater duty on employers to understand the prognosis of medical conditions before making decisions about employees. Read More
A good case for all employers to read is published this week. It concerns a chain smoking rude employee who argued that even though she had only just found out that she was pregnant, and had not told the employer, her dismissal during her probationary period was discriminatory , because the employer ought to have guessed her behaviour was due to her being pregnant. Read More
In anticipation of the minor snow fall we are expecting, and in response to several queries already, we anticipate that some employers are wondering whether they have to pay an employee who does not make it to work due to snow fall. Read More
Employers can take guidance from a Court of Appeal decision which says clearly that employers can consider all of the circumstances surrounding an illness, and not be confined to incomplete occupational health reports. The case puts the emphasis on the employer making their own enquiries. Read More