Employers do not have green light to monitor employee emails, despite ECHR judgment

A recent case before the European Court of Human Rights has set the cat amongst the pigeons on the perennial hot topic of employees’ entitlement to privacy and data protection in the workplace. Widespread media reports would give employers to believe that unfettered monitoring of employee emails and internet use is now acceptable and that …

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Be Aware review of the year 2015

Adam Hartley, Partner and UK Employment Group Head, highlights the most important legislative and case law developments from 2015 and identifies the key developments to watch out for in 2016 in the annual Be Aware review of the year.   2015 LEGISLATION ROUND UP Employment tribunals 5 April 2015 Cap on a week’s pay increased …

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Permanent link to this article: http://www.dlapiperbeaware.co.uk/be-aware-review-of-the-year-2015/

Calculation of holiday when workers change hours during the holiday year

The ECJ has today handed down its judgment in Greenfield v The Care Bureau Limited, a case which considers how holiday and holiday pay should be calculated where the worker has increased their working hours during the holiday year. The ECJ held that, in the event of an increase in the number of hours of …

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Whistleblowing ‘public interest’ test – EAT gives surprisingly wide interpretation

Reports of whistleblowing continue to have high profile with the UK’s media and it is one area which has seen a bustle of activity from the Government in recent times, from legislative reform, to the publication of guidance to assist both employers and workers. The aim has been to strengthen the whistleblowing framework, and in …

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Modern Slavery Act 2015: Businesses must consider action as Government publishes guidance on transparency in supply chains

The Government has today released its practical guidance for organisations on the new and radical legislation requiring transparency in supply chains under the Modern Slavery Act 2015 (MSA).  It has also published legislation bringing into effect today the requirement for certain businesses to prepare a slavery and human trafficking statement. Under the MSA, every organisation …

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Safe Harbor: Statement from working group of EU data protection authorities

Following the decision of the ECJ on 6 October 2015 declaring the EU-US Safe Harbor system for data transfer invalid, the Article 29 Working Group of European data protection authorities has now issued a statement setting out its views on several critical issues going forward. The WP29 comprises all of the national Data Protection Authorities …

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Ground-breaking European Court Decision – US Safe Harbor declared invalid

In a ground-breaking Decision on 6 October 2015 the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes that may be established by the European Commission through their national data protection authorities. This …

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Associative discrimination: a developing concept

The concept of associative discrimination, which occurs when somebody who doesn’t have a protected characteristic themselves is discriminated against because of the protected characteristic of someone else, has emerged relatively recently. Before the Equality Act 2010, it was unclear whether a discrimination claim had to be based on the victim’s own, actual protected characteristic (rather …

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Corporate body can bring claim for associative discrimination

In EAD Solicitors LLP and others v Abrams the EAT held that a limited company can bring a claim that it has been directly discriminated against where it suffers detrimental treatment because of the protected characteristic of someone with whom it is associated. Mr Abrams was a member of a limited liability partnership (LLP). As …

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ECJ ruling on working time for workers with no fixed base

The ECJ has handed down judgment today in Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, Tyco Integrated Fire & Security Corporation Servicios SA, a working time decision. The ECJ held that the journeys made by workers without fixed or habitual place of work between their homes and the …

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