Employment Law Updates
Protected Offers and Automatically Unfair Dismissal
The Appeal Tribunal has handed down an important reminder about the limits of keeping conversations off the record. Where an employer wants to divest themselves of an employee, the fact that a conversation with this intention is had at all can be used to show that the employer’s mind was...
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Employment Law Updates
Annual Leave and Disruption of Plans
When plans of employees during pre-booked holidays fall apart for any reason, whether that be the collapse of the holiday company, or unexpected illness, different rules apply according to exactly what the circumstances are. The basic rule is that the intention of the legislation, and therefore the thing that courts...
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Employment Law Updates
Resale Price Maintenance is Illegal – an Expensive Reminder from the CMA
Resale Price Maintenance – the practice whereby manufacturers take steps to fix the prices at which retailers sell their products and prevent discounting -  has been clearly illegal in the UK since 1964 and is now caught by Chapter 1 of the Competition Act 1998 and, in the EU, by...
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Employment Law Updates
Personal Liability for Directors regarding Price Fixing
The Competition and Markets Authority has just announced the disqualification of a further three directors involved in price collusion.   Back in March this year, we reported on fines totalling £7 million imposed by the Competition and Markets Authority on five companies who had operated a cartel within the office...
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Employment Law Updates
Open House
A case decided by the Information Commissioner has emphasised – if the point needed emphasising - the importance of securing the personal data of customers and resulted in an £80,000 fine for a London estate agency.   The agency, Life at Parliament View, transferred the personal data of over 18,000...
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Employment Law Updates
Flown Away with My Data
The Information Commissioner’s Office is set to issue a fine of over £180 million following a breach of the new GDPR regulations.   Following an investigation into a data breach that occurred between June and September 2018, the Information Commissioner’s Office has announced its intention to fine British Airways the...
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Employment Law Updates
The Importance of Proper Consideration of Appeals
A recent Employment Appeal Tribunal case further emphasises to employers that they cannot ignore a disability even if they only find out about it after an employee has been dismissed.   Where an employee has more than two years’ service (and therefore has the right to claim unfair dismissal) employers...
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Employment Law Updates
Entitlement to Discretionary Bonus
The Appeal Tribunal has released judgment on a case looking at when a bonus expressed as being “Discretionary” becomes an entitlement. The judgment comes as no surprise to employment lawyers and follows a theme that has been followed for some years. As a general rule, if an employee comes to...
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Employment Law Updates
CCTV Brings Data Protection Fines
Fine of £120,000 issued to company for careless use of CCTV.   A company has been fined £120,000 by the Information Commissioner for filming people, even though it deleted the footage without using it, and left notices on display that filming was taking place. The company set up CCTV cameras...
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Employment Law Updates
New Rates of National Minimum Wage
A brief reminder of forthcoming increases to the National Minimum Wage and other employment rates   From 1 April 2019, the National Minimum Wage increases as follows: Rates 2019 2018 National Living Wage (age 25+) £8.21 £7.83 Adult rate (age 21-24) £7.70 £7.38 Development rate (age 18-20) £6.15 £5.90 Young...
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