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Private investigations video doesn’t leave employer in dire straits (EU)

In January 2018 we wrote about Ribalda –v- Spain, a European Court of Human Rights case in which a number of supermarket employees were awarded compensation for breach of their privacy rights. They had been stealing quite handsomely from their employer over some months, as they freely admitted, but nonetheless thought it entirely improper that … Continue Reading

When is refusing a settlement offer the reasonable conduct of ET proceedings? (UK)

Don’t you just love a good understatement? How about this little beauty on the merits of a rejected flexible working complaint: “The difficulty for the claimant is that she never proved that this arrangement could work by producing the required amount of work in the required time. This was both in terms of quality and … Continue Reading

Careless talk, costs, lies: EAT upholds £170,000 costs award (UK)

It’s all about the numbers in Brooks -v- Nottingham University Hospitals NHS Trust, a new case on when an Employment Tribunal can order costs against an unsuccessful participant – 18 alleged protected disclosures, 40 detriments, a 27-day hearing, a witness statement of 214 pages and over a thousand paragraphs and a hearing bundle of well … Continue Reading

Likely lad – employee’s workplace stress disability claim revisited by EAT (UK)

Back in 2017 we posted a piece about the difference between disability and unhappiness at work. In that case, Mr Herry had been off work for over a year but still failed to establish that he was disabled. In large part this was because his absence was felt not to be the result of an … Continue Reading

Equality Commission issues guidance on NDAs in discrimination cases (UK)

The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … Continue Reading

It’s Black History Month – so let’s talk about positive discrimination (UK)

To its critics positive discrimination is a set of benefits and privileges reserved for minorities. BAME inclusion events and initiatives designed to encourage BAME job applicants are frequently found in the firing line. It’s a pretty dynamite topic which evokes feelings of victimisation, unfairness and inequity and can stunt enthusiasm for diversity in the workforce.… Continue Reading

Influencer Advertising: How Brands Can Successfully Navigate Using Influencers or Dealing With Employees Posting About Work on Social Media (UK)

Influencer advertising is on the rise. In response to this, regulators have issued a joint guide on advertising laws and rules. We discuss perspectives in this brief video on how brands can successfully navigate using influencers and what happens when employees post about work on social media.… Continue Reading

Sexual harassment in the workplace, Part 6 – learning points from our recent panel event (UK)

On 25 September, we were joined at our London office by clients and contacts for a discussion on sexual harassment in the workplace, in particular the proposals set out by the UK government in its consultation document. The event was a great success and we are grateful to our panel of high profile speakers for … Continue Reading

Vegetarianism – fussy eating or philosophical belief? (UK)

“Philosophical belief” for religious discrimination purposes has been found to include a number of not-remotely-religious views on matters as diverse as fox hunting, climate change and the higher purpose of public service broadcasting. You would have thought that adding vegetarianism to that list would be a walk-over. After all, it is commonly and genuinely practised, … Continue Reading

Sexual harassment in the workplace, Part 4 – assessment of injured feelings compensation

Here is a mildly disconcerting decision issued by the Employment Appeal Tribunal about the calculation of compensation for injury to feelings in discrimination cases. Mr Komeng was found by the ET to have been serially and directly discriminated against by his employer, Creative Support Limited, in relation to opportunities for personal and professional development and the … Continue Reading

Sexual harassment in the workplace, Part 3 – all reasonable steps (UK)

Normally an employer will be liable for one employee’s harassment of another unless it has taken “all reasonable steps” in advance to stop conduct of that sort happening, the “statutory defence”. Employment Tribunals can be reluctant to allow an employer to escape liability in that way because that may leave the employee without meaningful recourse … Continue Reading

UK Business Immigration Update – Changes to the Immigration Rules Announced

On 9 September 2019, the UK government announced changes to the Immigration Rules, which go on for nearly 100 pages. Read a summary of the key changes of most direct relevance to employers, sponsors and recruiters, and view the full Statement of Changes online. In addition to these changes, there has been another important and very … Continue Reading

When employee consent is the start of the problem, not the end – the GDPR shows some teeth

The Greek Data Protection Authority has imposed a 150,000 EUR fine on PriceWaterhouseCoopers Business Solutions SA for – get this – asking their employees’ consent to process their personal data. It may strike you as counterintuitive (and going against everything your mother ever told you) that asking consent could get you into trouble, but where … Continue Reading

Sexual harassment in the workplace, Part 1 – the Equality Act 2010, what does it cover and how does it work? (UK)

In the lead-up to the close of the Government’s consultation on sexual harassment in the workplace we will be running a series of blogs on the issue, starting with a look at existing legislation, how it works and how it holds employers accountable for sexual harassment in the workplace.… Continue Reading

Changes in Polish employment laws bring new costs:benefits equation

This Autumn brings quite a few changes for Polish employers. Not only do new pension plans called PPK (Pracownicze Plany Kapitałowe) became a reality for the biggest Polish employers in the fourth quarter of 2019, but the Labour Code and Code of Civil Procedure see changes too. Some of them result in a need to … Continue Reading
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