Category: HR Alerts

Vicarious Liability for Data Breach

Morrisons staff are to be awarded a pay-out over a data breach that occurred, when a disgruntled former member of its staff stole the data of thousands of employees and posted it online. Morrisons has been found liable for the actions of the employee by the High Court with the ruling opening the possibility for… Read more »

Driving for Work in Bad Weather

Many employers have been rather slow to recognise work related driving as a major risk factor to employees. The HSE has now made it clear that employers have duties to manage the risks faced by their workers on the road. This includes not just professional drivers, but any employee who is required to travel as… Read more »

Discriminatory Comments

The case of Ms Carolina Gomes v. Henworth Limited t/a Winkworth Estate Agents & anor. serves as a useful reminder to be careful when selecting your choice of words when talking to employees. Ms Gomes started working for an estate agency business in 2009. In 2015 she was transferred to another franchise as an administrative… Read more »

Sexual Harassment in the Workplace

The Harvey Weinstein scandal, and allegations at Westminster, amongst others, has once again placed the spotlight on sexual harassment reporting. Victims of sexual harassment are often reluctant to report incidents for fear of retaliation, being disbelieved or public embarrassment. Sexual harassment might be obvious, insidious, persistent or an isolated incident. It can also occur in… Read more »

Auto Enrolment Prosecutions

The Pensions Regulator (TPR) is bringing the first pensions auto-enrolment prosecution over allegations that a bus company deliberately avoided enrolling staff into a workplace pension scheme. Stotts Tours (Oldham) Limited has been accused of intentionally not enrolling its 36 employees into a workplace pension. Managing Director Alan Stott has also been individually prosecuted for “consenting… Read more »

Voluntary Overtime in Holiday Pay

In Dudley Metropolitan Borough Council v Willetts, the Employment Appeal Tribunal (EAT) held that voluntary overtime that is normally worked should be included when calculating an employee’s holiday pay. Peter Stanway, our BackupHR™ legal expert comments: In recent years, there have been several high-profile cases that have considered how employers should calculate statutory holiday pay… Read more »

Changes to Employment Tribunal Fees

When Employment Tribunals (then “Industrial Tribunals”) were set up, access to them was free. If you wanted to bring a claim, you sent in a form, the tribunal heard the case, and in due course it told you whether you had won or lost, and if successful, how much your employer would have to pay… Read more »

Changing Staff Handbooks

A group of employees (Sparks and Others) in the Department for Transport (DfT) applied to the High Court for a declaration that the staff handbook was incorporated into their employment contracts. The High Court agreed that they were incorporated, and that the DfT could not vary the terms without agreement from the employees. The DfT… Read more »

Whistleblowing

Dr Beatt was employed by Croydon University Hospital NHS Trust as a consultant cardiologist. The working relationships between the doctor and several of his colleagues were strained, and the cardiology department had been described as dysfunctional. Whilst he was performing an operation, his head nurse, Sister Jones, was suspended and the patient died. The Claimant… Read more »

Adjustments for Disabled Candidates

The Government Legal Service (GLS) was recruiting lawyers in what the EAT called “a fiendishly competitive recruitment process”. The process included a multiple choice Situational Judgement Test (SJT). Ms. Brookes was required to sit the SJT, consisting of right or wrong answers to multiple choice questions, meaning marking can be done by a computer without… Read more »